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WHEEL CHAIR HOME, INC. v. SAVAGE

222 A.D.2d 1014 (1995)

636 N.Y.S.2d 527

Wheel Chair Home, Inc., Doing Business as The Schofield Residence, Appellant, v. James Savage et al., Respondents. (Appeal No. 1.)

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

December 22, 1995

Appeal unanimously dismissed without costs.

Memorandum:

Plaintiff sued defendants for nursing care services rendered to defendant Mary Savage. Mary died after commencement of the action, but no personal representative was appointed for her estate and no substitution was made as required by CPLR 1015. Defendant James Savage, her son, had power of attorney for her. At the end of plaintiff's case, Supreme Court granted...

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