By submitting its expert's affidavit of merit and a reasonable explanation for the delay in seeking substitution, decedent's estate showed adequate cause why this medical malpractice action should not have been dismissed for failure to timely move for substitution (see CPLR 1015 [a]; 1021). Moreover, the strong public policy of this State is to dispose of matters on the merits (Noriega v Presbyterian Hosp. in City of N.Y.,
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PETERS v. CITY OF NEW YORK HEALTH AND HOSPITALS CORPORATION
48 A.D.3d 329 (2008)
851 N.Y.S.2d 527
EDNA POTTS PETERS, Respondent, v. CITY OF NEW YORK HEALTH AND HOSPITALS CORPORATION et al., Defendants, and VICTOR MARIANI, M.D., Appellant. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 26, 2008.
Decided February 26, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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