Ms. Lobaito and Mr. Braverman secured a dismissal with prejudice on behalf of our medical facility client as they convinced the Court that the plaintiff failed to comply with CPLR 205(a). The initial case was commenced without proper capacity and dismissed.

Although the plaintiff was permitted six months to recommence, the new action was filed by a proposed administrator who had not yet obtained Letters of Administration.  Ms. Lobaito and Mr. Braverman argued that the recommenced action was defective when filed and therefore failed to satisfy CPLR 205(a), warranting dismissal with prejudice. The plaintiff opposed, asserting capacity, seeking to amend the caption, and arguing that any dismissal should be without prejudice. The court rejected those arguments and dismissed this Bronx venued action with prejudice.