Kelly Bronner and Dylan Braverman prevailed in convincing the Court that New York’s CPLR 205 does not permit plaintiff to file consecutive actions without legal capacity to do so. Plaintiff brought a malpractice and wrongful death action with a proposed administrator. BPN moved to dismiss on lack of capacity and prevailed. Plaintiff thereafter had 6-months to recommence. Plaintiff met the 6-month deadline, but still had yet to obtain capacity. As a result, BPN moved to dismiss a second time, pointing out that while CPLR 205 permits plaintiff to recommence within 6-months, plaintiff may only do so upon obtaining capacity. Plaintiff cross-moved seeking a stay on the grounds that a Petition for the Letters of Administration was pending. Plaintiff argued that it would be inequitable to deprive plaintiff of the claim due to the speed upon which the Surrogate’s Court rendered decisions. The court rejected plaintiff’s argument and granted the motion to dismiss with prejudice. BPN is happy to have enforced our client’s legal rights and obtain dismissal.