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Egrini v. Brookhaven Memorial Hospital

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1987
133 A.D.2d 610 (N.Y. App. Div. 1987)

Opinion

October 5, 1987

Appeal from the Supreme Court, Suffolk County (Jones, J.).


Ordered that the order is affirmed, without costs or disbursements.

The explanation proffered by the deceased plaintiff's attorney of record and the attorney representing the executor in the probate proceeding does not satisfactorily explain the entire delay of approximately 2 1/2 years in obtaining letters testamentary, so that the executor of the decedent's estate could be substituted as the proper party plaintiff. Nevertheless, in view of the absence of any showing that the delay prejudiced the defendant (see, Orellana v. Malek, 116 A.D.2d 557; Carel Almo Serv. v. Weisskopf, 58 A.D.2d 550; cf., Dorney v. Reddy, 45 A.D.2d 754), and the strong public policy that matters should be disposed of on the merits (see, Milam v. Gibson Cushman of N Y, 81 A.D.2d 555; Paul v. Ascher, 106 A.D.2d 619, 621), the court did not abuse its discretion in denying the defendant's motion to dismiss the action, pursuant to CPLR 1021, and substituting the executor, who received letters testamentary while the motion was pending (see, Rosenfeld v. Hotel Corp., 20 N.Y.2d 25; cf., Meier v. Shively, 10 A.D.2d 566; Dorney v. Reddy, supra; Mazzacano v. Jordan, 40 Misc.2d 901). Weinstein, J.P., Rubin, Kunzeman and Kooper, JJ., concur.


Summaries of

Egrini v. Brookhaven Memorial Hospital

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1987
133 A.D.2d 610 (N.Y. App. Div. 1987)
Case details for

Egrini v. Brookhaven Memorial Hospital

Case Details

Full title:MARIO EGRINI, Respondent, v. BROOKHAVEN MEMORIAL HOSPITAL, Appellant

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

Date published: Oct 5, 1987

Citations

133 A.D.2d 610 (N.Y. App. Div. 1987)

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