Legal Opinion
In re the Estate of Spatola
New York Surrogate's Court
Decided July 29, 2003PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John A. Fusco, S.
In this pending proceeding, the decedent died on May 27, 1996, as a result of medical malpractice. Limited letters of administration were duly issued to Carol Ann Spatola, the surviving spouse, who retained counsel to bring a cause of action against those responsible for the death of her husband.
A cause of action for personal injury was brought by counsel, McMahon, Martine & Gallagher (hereafter McMahon). This action ultimately settled for $200,000. The action for wrongful death, however, was dismissed on defendants’ motion for summary judgment. McMahon…
2Cases cited6 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
- In Re the Estate of MontgomeryNew York Court of Appeals · 1936
- Teichner v. W & J Holsteins, Inc.New York Court of Appeals · 1985
- Demov, Morris, Levin & Shein v. GlantzNew York Court of Appeals · 1981
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3Cited by1 opinion
- Greenberg v. Cross Island Industries, Inc.District Court, E.D. New York · 2007