THOMAS v. BENEDICTINE HOSPITAL


8 A.D.3d 781 (2004)

779 N.Y.S.2d 587

GWENDOLYN THOMAS, Appellant, v. BENEDICTINE HOSPITAL et al., Respondents.

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

June 10, 2004.


Rose, J.

On March 18, 2002, during the pendency of this medical malpractice action, plaintiff died intestate. Plaintiff's counsel did not inform Supreme Court or opposing counsel of her death until defendants moved for summary judgment in December 2002. Supreme Court then stayed all proceedings pursuant to CPLR 1015. When no motion for substitution of plaintiff's estate had been made by the end of March 2003, defendants moved for dismissal of the complaint under CPLR...

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