Peters v. City of New York Health and Hospitals Corporation

• Decision Date: 26 February 2008
• Docket Number: 2618.
• Citation: 48 A.D.3d 329,2008 NY Slip Op 01613,851 N.Y.S.2d 527
• Parties: EDNA POTTS PETERS, Respondent, v. CITY OF NEW YORK HEALTH AND HOSPITALS CORPORATION et al., Defendants, and VICTOR MARIANI, M.D., Appellant. (And a Third-Party Action.)
• Court: New York Supreme Court — Appellate Division

48 A.D.3d 329

851 N.Y.S.2d 527

2008 NY Slip Op 01613

EDNA POTTS PETERS, Respondent, v.CITY OF NEW YORK HEALTH AND HOSPITALS CORPORATION et al., Defendants, and VICTOR MARIANI, M.D., Appellant. (And a Third-Party Action.)

2618.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 26, 2008.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about May 11, 2006, which denied the motion of defendant Victor Mariani, M.D. to dismiss the complaint for failure to timely substitute a representative for the deceased plaintiff, and granted plaintiff's motion to substitute a representative of the estate of the deceased plaintiff and to amend the complaint to the extent of reflecting such substitution, unanimously affirmed, without costs.

By submitting its expert's affidavit of merit and a reasonable explanation for the delay in seeking substitution, decedent's estate showed adequate cause why this medical malpractice action should not have been dismissed for failure to timely move for substitution (seeCPLR 1015 [a]; 1021).Moreover, the strong public policy of this State is to dispose of matters on the merits (...