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ROSE v. FRANKEL

4917, 116375/04.

83 A.D.3d 607 (2011)

920 N.Y.S.2d 912

GEORGIA ROSE, as Administratrix of the Estate of WILLIAM A. HAMILTON, Deceased, et al., Appellants, v. MARTIN J. FRANKEL, M.D., et al., Respondents, et al., Defendant.

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

Decided April 28, 2011.

Plaintiffs may not argue for the first time on appeal that there was defective notice of the cross motions to dismiss for failure to timely substitute pursuant to CPLR 1021 (cf. Chateau D' If Corp. v City of New York, 219 A.D.2d 205, 209 [1996], lv denied 88 N.Y.2d 811 [1996]). Even if we were to reach the issue, we would find that, because plaintiffs moved for substitution pursuant...

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