Kelly Bronner and Dylan Braverman obtained dismissal of wrongful death, malpractice and statutory violation claims against a major New York City Metropolitan area faith-based nursing home. Plaintiff brought the initial action without capacity to do so. The case was dismissal due to lack of capacity. However, New York law allowed plaintiff to recommence within six-months upon obtaining capacity to do so. However, when plaintiff recommenced within six-months, the Surrogate’s Court had yet to duly grant Letter’s of Administration. As a result, a motion was made to dismiss on the pleadings. It was argued that dismissal must be with prejudice due to a violation of CPLR § 205(a). Complicating the issue was the fact that prior to determination of the motion, plaintiff received Letter’s of Administration. As a result, plaintiff opposed dismissal and cross-moved to amend the caption to reflect that capacity was obtained under New York law. At oral argument, it was argued that the post-facto compliance with CPLR § 205(a) should be deemed irrelevant pursuant to CPLR § 205(c). After oral argument, an order was issued denying plaintiff’s motion to amend to reflect the newly obtained capacity to bring the lawsuit, and granting the motion to dismiss.