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TRINIDAD v. LANTIGUA

2 A.D.3d 163 (2003)

767 N.Y.S.2d 618

DAISY TRINIDAD, Respondent, v. RAFAEL LANTIGUA, M.D., et al., Appellants, et al., Defendant.

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

December 4, 2003.

The issue of whether plaintiff should have been granted renewal to submit a certified death certificate in support of her proposed cause of action for wrongful death has been waived by defendants' failure to appeal from the prior order denying plaintiff leave to amend "without prejudice" to a subsequent motion for the same relief supported by a certified death certificate (see Moleon v Kreisler Borg Florman Gen. Constr. Co., 304 A.D.2d 337

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