KELLY v. FENTON, M.D.

2015-01804, Index No. 33833/08.

134 A.D.3d 768 (2015)

20 N.Y.S.3d 621

2015 NY Slip Op 09070

SUSAN KELLY, as Administratrix of the Estate of JAMES D. KELLY, Deceased, Appellant, v. KIMBERLY FENTON, M.D., et al., Defendants, and FRANK DARRAS, M.D., Respondent.

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

Decided December 9, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, the facts, and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was to substitute herself, as administrator of the estate of James D. Kelly, for the deceased plaintiff, James D. Kelly, nunc pro tunc, as of the date of his death, is granted.

The plaintiff moved to substitute herself, as administrator of the estate of James D. Kelly, for the deceased plaintiff...

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