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GOLDSTEIN v. KINGSBROOK JEWISH MEDICAL CENTER

39 A.D.3d 816 (2007)

834 N.Y.S.2d 327

SUSIE GOLDSTEIN, Plaintiff, v. KINGSBROOK JEWISH MEDICAL CENTER et al., Respondents, et al., Defendants. BONNIE FRADELLA, Nonparty Appellant.

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

Decided April 24, 2007.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, those branches of the motion which were to amend the caption to substitute the administratrix, Bonnie Fradella, in place of the deceased plaintiff, and to restore the action to active status on the court calendar are granted, and the cross motions are denied.

The Supreme Court improvidently exercised its...

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