TULIS v. NYACK HOSPITAL


271 A.D.2d 684 (2000)

706 N.Y.S.2d 470

MARK TULIS, Appellant, v. NYACK HOSPITAL, Respondent, et al., Defendant.

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

Decided April 24, 2000.


Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

A prior medical malpractice action had been timely commenced by Frederick Drobin against the defendants. That action was subsequently dismissed on the ground that he lacked the capacity to sue as his causes of action vested in the bankruptcy trustee. Within six months after the prior action was dismissed, the plaintiff,...

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