Muth v. Benjamin
Cases that cite this one
8 later published cases cite this decision.
- Thomas v. Benedictine Hospital (Appellate Division of the Supreme Court of New York 2004)
- McCormack v. County of Westchester (Appellate Division of the Supreme Court of New York 1998)
- Schraven v. Town of Tonawanda (Appellate Division of the Supreme Court of New York 1997)
- Bossert v. Ford Motor Co. (Appellate Division of the Supreme Court of New York 1988)
- Ludlam Stead, Ltd. v. Rezza (Appellate Division of the Supreme Court of New York 1986)
- Catalfamo v. Flushing National Bank (Appellate Division of the Supreme Court of New York 1986)
- Timoner v. North Shore Internal Medicine Associates, P. C. (Appellate Division of the Supreme Court of New York 1986)
- Grillo v. Tese (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In a medical malpractice action, plaintiff purportedly appeals from an order of the Supreme Court, Orange County (Isseks, J.), dated October 4, 1983, which granted the motion of defendant Benjamin to dismiss the complaint as to her.
Appeal dismissed, without costs or disbursements.
Plaintiff died on April 11, 1982. No substitution has since taken place as required by CPLR 1015. Under these circumstances, this court has no jurisdiction to hear and determine the instant appeal (see, Arena v Manganello, 31 AD2d 540; Hemphill v Rock, 87 AD2d 836; Byrd v Johnson, 67 AD2d 992; see also, Paul v Ascher, 106 AD2d 619). Lazer, J. P., Mangano, Bracken and Niehoff, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.