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Brown v. Huntington Medical Group

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 367 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


In an action to recover damages, inter alia, for wrongful death, the defendants Huntington Medical Group, Robert Allen Feld, and Timothy E. Sass appeal from so much of an order of the Supreme Court, Suffolk County (Lama, J.), dated January 4, 1996, as denied their motions to dismiss the complaint as barred by the Statute of Limitations.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that this action was timely commenced since it was brought within six months of the dismissal of an earlier action which had been improperly commenced because the plaintiff had not yet been granted letters testamentary ( see, CPLR 205 [a]; Carrick v. Central Gen. Hosp., 51 N.Y.2d 242; Vigliotti v. Ricci, 229 A.D.2d 389; Brown v Zaino, 226 A.D.2d 492). Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Brown v. Huntington Medical Group

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 367 (N.Y. App. Div. 1997)
Case details for

Brown v. Huntington Medical Group

Case Details

Full title:CAROL M. BROWN, Individually and as Executor of KENNETH J. BROWN…

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

Date published: Apr 14, 1997

Citations

238 A.D.2d 367 (N.Y. App. Div. 1997)
657 N.Y.S.2d 333

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