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CARMENATE v. CITY OF NEW YORK

59 A.D.3d 162 (2009)

872 N.Y.S.2d 120

OSVALSO CARMENATE, Individually and as Proposed Administrator of the Estate of JULIO CARMENATE, Deceased, Respondent, v. CITY OF NEW YORK et al., Defendants, and TUSCAN/LEHIGH DAIRIES et al., Appellants.

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

Decided February 3, 2009.

This action, seeking damages for wrongful death and negligence, was timely brought by the decedent's brother, who had not then obtained the required letters of administration to prosecute the matter. Consequently, the motion court granted the motion by Tuscan/Lehigh and Robe to dismiss on the ground that the suit had not been instituted by an appointed administrator, but did so without prejudice to the commencement of a new action in accordance with CPLR 205 (a). Although...

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