Legal Opinion

Rodriguez v. River Valley Care Center Inc.

New York Supreme Court

Decided July 17, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Joseph E. Capella, J.

There is little dispute as to the facts in this wrongful death action. Edeida Rodriguez (Edeida) died on December 27, 2013, and on March 18, 2016, her son, Reinaldo Rodriguez (Reinaldo), commenced an action (initial action) as the “proposed administrator” of Edeida for personal injuries and wrongful death as a result of the negligent medical treatment provided by the defendants. Since formal letters of administration had not been issued authorizing Reinaldo to bring suit on behalf of *359Edeida’s estate, the initial action was dismissed for lack of legal…

2Cases cited7 opinions

  1. Carrick v. Central General HospitalNew York Court of Appeals · 1980
  2. George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
  3. Nieves v. 331 East 109th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Bernardez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  5. Berardo v. GuilletAppellate Division of the Supreme Court of the State of New York · 2011

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