Opinion
February 21, 1995
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The third-party plaintiff guaranteed to pay all hospital expenses incurred by his wife's grandmother, Rose Yerman, that were unpaid and not covered by insurance. Yerman died while a portion of her hospital expenses were unpaid. Yerman's estate was settled pursuant to a petition filed in the Orphan's Court of Baltimore City, Maryland, and distributed to the third-party defendants pursuant to an accounting filed in that court. The third-party plaintiff did not make a claim against Yerman's estate for the unpaid hospital expenses.
The third-party plaintiff commenced this third-party action against the third-party defendants, the beneficiaries of Yerman's estate, to collect funds to pay the unpaid portion of the hospital bill. Jurisdiction cannot be obtained against these individuals under CPLR 302 and accordingly dismissal was proper. Lawrence, J.P., Ritter, Friedmann and Krausman, JJ., concur.