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RUBINO v. KRASINSKI

2007-05971

2008 NY Slip Op 07228

KATHLEEN RUBINO, ETC., et al., plaintiffs, v. CHERYL A. KRASINSKI, ETC., ET AL., respondents, ET AL., defendant; Donna Marie Jacobus, nonparty-appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Pegalis & Erickson, LLC, Lake Success, N.Y. (Stephen E.Erickson of counsel), for nonparty-appellant.

Shaub Ahmuty Citrin & Spratt LLP, Lake Success, N.Y. (Christopher Simone, Robert M. Ortiz, and Deirdre E. Tracey of counsel), for respondent Cheryl A. Krasinski.

Ryan & Henderson, P.C., Carle Place, N.Y. (Robert L. Ryan, Jr., of counsel), for respondents Leonard J. Mondschein and Urology Associates, P.C.

Heidell, Pittoni, Murphy & Bach, LLP, New York, N.Y. (Daniel S. Ratner and Daryl Paxson of counsel), for respondents Lisa S. Moccio and Suzanne S. Moccio, as executors of the estate of Carmine G. Moccio, Toufic Safa, Tarek Absi, Sharon McGlaughlin, Ted James, Richard Bronzo, Gwen Harris, and North Shore University Hospital.

Before: Robert A. Lifson, J.P., Anita R. Florio, Ariel E. Belen, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the facts and in the exercise of discretion, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motion of Donna Marie Jacobus, as executrix of the estate of Kathleen Rubino and successor executrix of the estate of James Rubino, to substitute herself as a party plaintiff in place of the deceased plaintiffs, to amend the caption accordingly, to lift the...

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