WAINWRIGHT v. NEW YORK CITY HEALTH AND HOSPITALS CORP.


61 A.D.3d 852 (2009)

877 N.Y.S.2d 201

MARGARETTE WAINWRIGHT et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided April 21, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were (a) for leave to amend their answer to assert the affirmative defense of lack of capacity to sue as to all of the plaintiffs except Margarette Wainwright, as administratrix of the estate of Fernande Moise, and which deemed the amended answer served nunc pro tunc, and (b) to dismiss the complaint as to all of the plaintiffs except Margarette...

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