Ordered that the appeal is dismissed, without costs or disbursements, and the order dated May 28, 1999, is vacated.
In 1988, Frances Kelly, who was the widow of John Kelly and the administrator of his estate, commenced an action to recover damages for medical malpractice and wrongful death. Frances Kelly also asserted a derivative cause of action to recover damages for loss of services. In 1991 Frances Kelly died intestate, necessitating the appointment of a new administrator...
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