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JEAN M. DI SIMONE v. GOOD SAMARITAN HOSPITAL

100 N.Y.2d 632 (2003)

800 N.E.2d 1102

768 N.Y.S.2d 735

JEAN M. DI SIMONE, Appellant, v. GOOD SAMARITAN HOSPITAL et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 30, 2003.

Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci, Corker & Sauer, Mineola (Jonathan A. Dachs of counsel), and Kenneth J. Ready & Associates (Kenneth J. Ready of counsel), for appellant.

Bower, Sanger & Lawrence, New York City (Mitchell A. Greene of counsel), for Good Samaritan Hospital, respondent.

Law Offices of Charles E. Kutner, LLP, New York City (Charles E. Kutner of counsel), for Harvey Manes and another, respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, GRAFFEO and READ concur in memorandum; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Plaintiff commenced this wrongful death action alleging medical malpractice in 1995. During the course of discovery, plaintiff's attorney became the subject of disciplinary proceedings and was ultimately disbarred in June 1998. His law firm took over the...

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