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KYUNG CHO, M.D. v. CHO

45 A.D.3d 388 (2007)

845 N.Y.S.2d 302

SAM KYUNG CHO, M.D., as a Statutory Beneficiary of the Estate of WON KYUNG CHO, Deceased, Appellant, v. YONGSHIN CHO et al., Respondents, et al., Defendant.

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

Decided November 15, 2007.

The court properly denied plaintiff's motion for partial summary judgment. Plaintiff lacked standing to commence this action because only a duly appointed representative may maintain an action on behalf of an estate (see Palladino v Metropolitan Life Ins. Co., 188 A.D.2d 708 [1992]).

Since counsel advises the Court that plaintiff has obtained letters of administration, and in the interests of judicial economy, the action...

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