Legal Opinion

Bajanov v. Grossman

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

Decided January 9, 2007PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Steinhardt, J), dated October 24, 2005, which denied their motion for leave to amend their answer to assert the affirmative defense of lack of capacity to sue and to dismiss the complaint pursuant to CPLR 3211 (a) (3) and (7), or alternatively, for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and those branches of the mo*573tion which were for leave to amend the…

2Cases cited9 opinions

  1. Quiros v. PolowAppellate Division of the Supreme Court of the State of New York · 1987
  2. Whelan v. LongoNew York Court of Appeals · 2006
  3. Santori v. Met LifeAppellate Division of the Supreme Court of the State of New York · 2004
  4. Whelan v. LongoAppellate Division of the Supreme Court of the State of New York · 2005
  5. Goldstein v. St. John's Episcopal HospitalAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by4 opinions

  1. Complete Management, Inc. v. RubensteinAppellate Division of the Supreme Court of the State of New York · 2010
  2. Yemini v. GoldbergAppellate Division of the Supreme Court of the State of New York · 2007
  3. Lynch v. LynchAppellate Division of the Supreme Court of the State of New York · 2008
  4. Koenig v. Action Target, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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