Legal Opinion

Wynter v. Our Lady of Mercy Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 2004PublishedCited by 15 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 5, 2002, which granted defendants’ motions to dismiss the complaint pursuant to CPLR 1021 for failure to timely substitute a representative for the deceased plaintiff and denied plaintiffs’ cross motion to substitute a representative of the estate of the deceased plaintiff and to amend the complaint to include a wrongful death cause of action, unanimously reversed, on the law, without costs, the motions denied, the complaint reinstated and the cross motion granted, and the matter remanded for further proceedings.

*377Plaintiffs…

2Cases cited5 opinions

  1. Ronsco Construction Co. v. 30 East 85th Street Co.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Noriega v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  3. Peterson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  4. Schwartz v. Montefiore Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003
  5. Leonardelli v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by15 opinions

  1. Thomas v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 2004
  2. Largo-Chicaiza v. Westchester Scaffold Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Rose v. FrankelAppellate Division of the Supreme Court of the State of New York · 2011
  4. Peters v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. White v. DialloAppellate Division of the Supreme Court of the State of New York · 2017

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