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NORIEGA v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK

305 A.D.2d 220 (2003)

761 N.Y.S.2d 18

MANUEL NORIEGA, Appellant, v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided May 15, 2003.

Plaintiff died after the commencement of this medical malpractice action, and no substitution was made. The court rendered a conditional order dated October 6, 2000, directing substitution within 30 days of service of the copy of the order with notice of entry. The court warned that in the event the order was not complied with "the complaint may be dismissed." After plaintiff's personal representative failed to timely substitute...

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