ROBLES v. BROOKLYN-QUEENS NURSING HOME, INC.

2014-06902, Index No. 889/13.

131 A.D.3d 1032 (2015)

16 N.Y.S.3d 275

2015 NY Slip Op 06797

FELIX ROBLES, Individually and as Executor of ROSA RIVERA, Deceased, Respondent, v. BROOKLYN-QUEENS NURSING HOME, INC., et al., Appellants.

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

Decided September 16, 2015.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

Prior to being appointed administrator of the decedent's estate, the plaintiff commenced two prior medical malpractice actions in 2011 and 2012, respectively. Those actions were dismissed on the ground that the plaintiff lacked capacity to sue. After he was issued letters of administration, while the motions...

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