Martinez v. Desai
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), dated March 30, 1999, as, upon granting reargument of the motion of the defendant Chandra Desai, which was, in effect, to dismiss the complaint on the ground that the plaintiffs lacked the capacity to sue, adhered to its original determination in an order dated December 16, 1998, granting that motion.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon…
2Cases cited4 opinions
- Quiros v. PolowAppellate Division of the Supreme Court of the State of New York · 1987
- Schepmoes v. HillesAppellate Division of the Supreme Court of the State of New York · 1986
- Ervolino v. ScappaturaAppellate Division of the Supreme Court of the State of New York · 1990
- Weitz v. LewinAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by14 opinions
- Santori v. Met LifeAppellate Division of the Supreme Court of the State of New York · 2004
- Whelan v. LongoAppellate Division of the Supreme Court of the State of New York · 2005
- Mora v. Saint Vincent's Catholic Medical CenterNew York Supreme Court · 2005
- Tri-State Sol-Aire Corp. v. Martin Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Nationwide Associates, Inc. v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2005
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