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CARRICK v. CENT. GEN. HOSP.

71 A.D.2d 226 (1979)

Clara Carrick, Individually and as Administratrix of The Estate of William Carrick, Deceased, and as Natural Guardian of His Minor Issue, Respondent, v. Central General Hospital et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1979

Attorney(s) appearing for the Case

Howard S. Davis (Barry M. Hoffman of counsel), for Central General Hospital, appellant.

Clune, White & Nelson (John H. Nelson of counsel), for Ali Koprenska, appellant (relying upon the brief submitted by appellant Central General Hospital).

Robert David Becker, P. C. (Michael D'Agostino on the brief), for respondent.

TITONE, J. P., O'CONNOR and MANGANO, JJ., concur.

LAZER, J.

On this appeal we are asked to decide whether a person who has applied for letters of administration may institute a wrongful death action before the letters are issued. We conclude that she may not.

In November, 1975 plaintiff's husband died, allegedly as a result of the medical malpractice of the defendant hospital and doctor. In September, 1977 plaintiff filed a petition for letters of administration...

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