matter of mccormack v eastport manor constr., 19 ad3d 826, 828 [2005]

(hereinafter together the South Bay defendants). The plaintiff commenced this action, inter alia, to recover damages for medical malpractice and wrongful death, etc., on May 24, 2007, against, among others, the defendants Janice McCormack and South Bay Cardiovascular Associates, P.C.

The plaintiff’s decedent died on June 9, 2005. ORDERED that the order dated June 13, 2011, is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a determination on the merits of the pending motion of the defendants Janice McCormack and South Bay Cardiovascular Associates, P.C., inter alia, for summary judgment dismissing the cause of action alleging wrongful death insofar as asserted against them. ORDERED that on the Court’s own motion, the notice of appeal from so much of the order dated June 13, 2011, as, sua sponte, in effect, directed the dismissal, as time-barred, of the cause of action alleging wrongful death insofar as asserted against the defendants Janice McCormack and South Bay Cardiovascular Associates, P.C., is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701) and it is further, In an action, inter alia, to recover damages for medical malpractice and wrongful death, etc., the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated June 13, 2011, as, sua sponte, in effect, directed the dismissal, as time-barred, of the cause of action alleging wrongful death insofar as asserted against the defendants Janice McCormack and South Bay Cardiovascular Associates, P.C. Sullivan Papain Block McGrath & Cannavo, P.C., New York, Howard Brown, etc., et al., defendants, Janice McCormack, etc., et al., respondents. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.Ĭase Name Docket No Slip Opinion No Case Lawīaron v Brown 2011-06780 2012 NY Slip Op 08675 “Decided on December 19, 2012ĪPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT Nothing on this site should be taken as legal advice for any individual case or situation. The information on this website is for general information purposes only.

Matter of mccormack v eastport manor constr., 19 ad3d 826, 828 [2005]