EGAN v. NEGHAVI

2010-00123.

84 A.D.3d 1014 (2011)

922 N.Y.S.2d 800

MICHAEL EGAN, Appellant, v. REZA NEGHAVI et al., Respondents.

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

Decided May 17, 2011.


Ordered that the judgment is affirmed, with one bill of costs payable to the defendants appearing separately and filing separate briefs.

The plaintiff commenced this action to recover damages for medical malpractice and wrongful death on behalf of the decedent, his wife, prior to obtaining letters of administration. The defendants moved to dismiss the complaint with prejudice on the ground that he lacked legal capacity to sue. The Supreme Court dismissed the action...

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