Nisselson v. Stephens

—In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated January 25, 1999, which denied his motion for leave to amend his answer, and upon amendment of the answer, for summary judgment dismissing the complaint based on lack of capacity to sue, and granted the plaintiff’s motion to amend the caption by substituting his trustee in bankruptcy as plaintiff, nunc pro tune.

Ordered that the order is affirmed, with costs.

More than 16 months after a jury verdict in this medical malpractice action in favor of…