NISSELSON v. STEPHENS


268 A.D.2d 463 (2000)

701 N.Y.S.2d 636

ALAN NISSELSON, Respondent, v. DAVID STEPHENS, Appellant.

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

Decided January 18, 2000.


Ordered that the order is affirmed, with costs.

More than 16 months after a jury verdict in this medical malpractice action in favor of the plaintiff and against the defendant, the defendant moved for leave to amend his answer to allege that the plaintiff lacked the capacity to sue and, upon amendment of the answer, for summary judgment dismissing the complaint. The defendant argued that the plaintiff's failure to have scheduled the malpractice action as an asset...

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