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RUMOLA v. MAIMONIDES MEDICAL CENTER

2009-11147

88 A.D.3d 781 (2011)

930 N.Y.S.2d 902

2011 NY Slip Op 7211

DAWN RUMOLA, as Proposed Administrator of the Estate of THOMAS SHARP, Deceased, Appellant, v. MAIMONIDES MEDICAL CENTER, Respondent.

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

Decided October 11, 2011.

Ordered that the order is affirmed, with costs.

In 1998, Anna Rumola, as administratrix of the estate of Thomas Sharp, commenced an action against the defendant. On November 16, 1999, Anna Rumola died. In 2007 the Supreme Court granted the defendant's motion pursuant to CPLR 1021 to dismiss the action "with prejudice" due to the failure of the persons interested in the decedent's estate to move for a substitution within a reasonable time. Dawn Rumola, as "Proposed...

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