Opinion
2002-00753
Submitted October 30, 2002.
January 13, 2003.
In an action to recover damages for medical malpractice and wrongful death, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated December 17, 2001, which granted the plaintiff's motion to substitute Rochelle McGuire, as administrator of the estate of Gerard Harrel, for Rochelle McGuire, as proposed administrator of the estate of Gerard Harrel, as the party plaintiff, to the extent of dismissing the action without prejudice to the commencement of a new action pursuant to CPLR 205(a).
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., of counsel), for appellants.
Joseph J. Pierini, Long Island City, N.Y., for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendants' contention, the Supreme Court correctly dismissed the action without prejudice to the plaintiff recommencing the action pursuant to CPLR 205(a). Where the defendants have been given timely notice of the claim being asserted by or on behalf of the injured party, an error relating to the identity of the named plaintiff in the original action will not bar recommencement of the action pursuant to CPLR 205(a) (see Carrick v. Central Gen. Hosp., 51 N.Y.2d 242; George v. Mt. Sinai Hosp., 47 N.Y.2d 170; Chase Manhattan Bank v. Wolowitz, 272 A.D.2d 428, 429; Krainski v. Sullivan, 208 A.D.2d 904).
FLORIO, J.P., O'BRIEN, FRIEDMANN, ADAMS and CRANE, JJ., concur.