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Havens v. Flushing Hospital Medical Center

Citations: 220 A.D.2d 387; 632 N.Y.S.2d 467

Court: Appellate Division of the Supreme Court of the State of New York; October 30, 1995; New York; State Appellate Court

Narrative Opinion Summary

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.

Legal Issues Addressed

Affirmation of Lower Court's Order

Application: The appellate court affirmed the lower court's order, maintaining the decisions made regarding the motions.

Reasoning: The order was affirmed in all other respects, and the plaintiff was awarded one bill of costs.

Appointment of Guardian ad Litem Nunc Pro Tunc

Application: The court granted the plaintiff's motion to appoint a guardian ad litem retrospectively, ensuring proper legal representation.

Reasoning: Additionally, the court granted the plaintiff's cross motion to appoint a guardian ad litem nunc pro tunc.

Court's Discretion in Appointing Guardian ad Litem

Application: The court found no error in its decision to appoint a guardian ad litem, citing relevant statutes and case law as justification for its discretion.

Reasoning: The court found no error in appointing a guardian ad litem, referencing relevant statutes and case law.

Dismissal of Appeal for Failure to Perfect

Application: The defendant's appeal was dismissed due to not fulfilling procedural requirements for perfecting the appeal according to court rules.

Reasoning: The appeal by defendant J. Kim was dismissed due to failure to perfect the appeal as required by court rules.

Legal Capacity to Sue in Medical Malpractice Cases

Application: The court denied the hospital's motion to dismiss the case based on the argument that the plaintiff foster parent lacked legal capacity to sue.

Reasoning: 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.