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Micucci v. Franklin General Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 528 (N.Y. App. Div. 1988)

Opinion

January 11, 1988

Appeal from the Supreme Court, Nassau County (Balletta, J.).


Ordered that the order is affirmed, with costs.

The plaintiff attempted to add the appellant as a party defendant to the litigation without applying to the court for permission. The appellant moved to dismiss for lack of jurisdiction and his motion was granted based on the plaintiff's failure to obtain leave of the court. The plaintiff and the defendant Franklin General Hospital then stipulated to grant the plaintiff leave to add the appellant as a defendant. This stipulation was "so-ordered" by the Supreme Court (Balletta, J.). The appellant again challenged his joinder without success. We affirm.

The appellant was not a party to the suit when the stipulation was signed "so-ordered". Therefore he lacks standing to challenge the method by which the court approved his joinder in this matter. In any event CPLR 1001 and CPLR 1003 give a court wide latitude and are to be liberally construed (McDaniel v Clarkstown Cent. Dist. No. 1, 83 A.D.2d 624).

We have examined the appellant's other arguments and find them to be without merit. Mangano, J.P., Lawrence, Weinstein and Rubin, JJ., concur.


Summaries of

Micucci v. Franklin General Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 528 (N.Y. App. Div. 1988)
Case details for

Micucci v. Franklin General Hospital

Case Details

Full title:RICHARD MICUCCI, Individually and as Administrator of the Estate of…

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

Date published: Jan 11, 1988

Citations

136 A.D.2d 528 (N.Y. App. Div. 1988)

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