Baker v. Comprehensive Mental Assessment & Medical Care

In a consolidated action, inter alia, to recover legal fees, the defendants/counterclaim plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered May 16, 2011, as denied their motion pursuant to CFLR 3211 (a) (3) and 1025 to dismiss the second amended verified complaint on the ground that the plaintiff/counterclaim defendant had no legal capacity to sue and granted those branches of the cross motion of the additional counterclaim defendant David Barshay pursuant to CELR 3211 (a) (7) which were to dismiss their first…