Carmenate v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*163Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about January 28, 2008, which, to the extent appealed from, granted the motion by defendants Tuscan/Lehigh Dairies and Robe to dismiss the complaint but without prejudice to commencement of a new action, unanimously affirmed, without costs.
This action, seeking damages for wrongful death and negligence, was timely brought by the decedent’s brother, who had not then obtained the required letters of administration to prosecute the matter. Consequently, the motion court granted the motion by Tuscan/Lehigh and Robe to…
2Cases cited3 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- Mendez v. Kyung YooAppellate Division of the Supreme Court of the State of New York · 2005
- Vasquez v. WoodAppellate Division of the Supreme Court of the State of New York · 2005
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