Thomas v. Benedictine Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Bradley, J.), entered July 9, 2003 in Ulster County, which, inter alia, granted defendants’ motions to dismiss the complaint.
On March 18, 2002, during the pendency of this medical malpractice action, plaintiff died intestate. Plaintiff’s counsel did not inform Supreme Court or opposing counsel of her death until defendants moved for summary judgment in December 2002. Supreme Court then stayed all proceedings pursuant to CPLR 1015. When no motion for substitution of plaintiffs estate had been made by the end of March 2003, defendants moved for…
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