Havens v. Flushing Hospital Medical Center
Court: Appellate Division of the Supreme Court of the State of New York; October 30, 1995; New York; State Appellate Court
In a medical malpractice case, the Supreme Court of Queens County, under Justice Lonschein, issued an order on June 2, 1994, addressing motions from the defendants Flushing Hospital Medical Center and J. Kim. The court denied Flushing Hospital's motion to dismiss the action based on the plaintiff foster parent's alleged lack of legal capacity to sue. Additionally, the court granted the plaintiff's cross motion to appoint a guardian ad litem nunc pro tunc. The appeal by defendant J. Kim was dismissed due to failure to perfect the appeal as required by court rules. The order was affirmed in all other respects, and the plaintiff was awarded one bill of costs. The court found no error in appointing a guardian ad litem, referencing relevant statutes and case law. Judges Bracken, Rosenblatt, Krausman, and Goldstein concurred with the decision.