Ordered that the order dated August 21, 2007 is reversed insofar as appealed from, on the law, with costs, and upon reargument, so much of the order dated March 12, 2007, as granted the defendant's motion to dismiss the claim based on a lack of capacity to sue is adhered to.
Rasheida Thomas died while a patient at a hospital owned and operated by the State of New York. Her mother, Joyce Thomas, as the purported administor of the decedent's estate and in her individual...
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