JABLONSKI v. COUNTY OF ERIE


286 A.D.2d 927 (2001)

730 N.Y.S.2d 626

KAREN JABLONSKI, Individually and as Administrator of the Estate of ROBERT S. JABLONSKI, Deceased, Appellant, v. COUNTY OF ERIE et al., Respondents.

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

Decided September 28, 2001.


Order unanimously affirmed without costs.

Memorandum:

This medical malpractice action, which arose from surgery performed on plaintiff's decedent on January 30, 1992, was commenced in 1993. Plaintiff's decedent died in February 1998. Ten months after decedent's death, the note of issue and statement of readiness were filed. Plaintiff, as administrator of decedent's estate, was substituted for decedent in the action in February 1999. Jury selection was scheduled...

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