Rumola v. Maimonides Medical Center
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 wrongful death, the defendant appeals from an order of the Supreme Court, Rings County (Levine, J.), dated May 4, 2006, which, in effect, granted the motion of Dawn Rumola to vacate a prior order of the same court dated January 11, 2002, dismissing the action and, in effect, to substitute her as the plaintiff pursuant to CPLR 1015 (a), and denied its cross motion to dismiss the action pursuant to CPLR 1021.
Ordered that the order is modified, on the law, (1) by deleting the provision thereof, in effect, granting the motion and substituting…
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