Opinion
Index No. 715405/2017 Order of Amended Caption Sequence No. 12
03-27-2024
SHIRLEY SNYDER, Plaintiff, v. MARCUS AVENUE UNIT ONE NOMINEE, LLC, WINTHROP MANAGEMENT L.P., NORTHWELL HEALTH, INC. d/b/a LONG ISLAND JEWISH MEDICAL CENTER, WRD MARCUS AVENUE A, LLC, WRD MARCUS AVENUE B, LLC, WRD MARCUS AVENUE C, LLC, THE HAIN CELESTIAL GROUP, INC., FITNESS INTERNATIONAL, LLC and WINTHROP MANAGEMENT CORP., Defendant.
Unpublished Opinion
PRESENT: Hon. Lumarie Maldonado-Cruz ASCJ
Hon. Lumarie Maldonado-Cruz ASCJ
This matter was originally assigned to Part 19 and transferred to the undersigned in Part 32 on November 13, 2023.
PAPERS NUMBERED
Plaintiff's Notice_of Motion-Affirmation-Exhibits........................... E452-E460
Defendants Northwell Health and Long Island Jewish Medical Center's Notice_of Motion-Affirmation in Opposition -Exhibits..................... E461-E464
Plaintiff s Memorandum in Opposition to Defendants Northwell Health and Long Island Jewish Medical Center's Cross Motion -Exhibit-....... E465-E466
Plaintiffs Affidavit in Reply to Defendants Northwell Health and Long Island Jewish Medical Center- Exhibits.................................. E467-E474
Plaintiffs Affidavit in Opposition to Northwell Health and Long Island Jewish Medical Center's Cross Motion - Exhibits........................... E475-E477
Defendant Winthrop LP's Notice of Cross Motion - Affirmation - Exhibits............................................................................ E478-E481
Defendant Winthrop Corp's Notice of Cross Motion - Affirmation - Exhibits............................................................................ E482-E491
Plaintiff s Affidavit in Opposition to Defendant Winthrop Corp's Cross
Motion - Exhibits -Memorandum of Law …..………………..………… E492-E496
Plaintiff's Affidavit in Opposition to Defendant Winthrop LP's Cross Motion - Exhibits -Memorandum of Law …..………………..………… E497-E501
Defendant Winthrop LP's Affirmation in Reply ……………………….. E502
Plaintiff's Memorandum of Law In Opp to Cross Motion……………… E503
Plaintiff's Memorandum of Law In Opp to Cross Motion……………… E504
Defendant Winthrop LP's Memorandum of Law for Cross Motion -Exhibits …………………………………………………………….…… E505-512
Proposed Orders ………………………………………………………… E515-518
Upon receiving and reviewing the underlying motion dated March 2, 2023, seeking to amend the caption to substitute the plaintiff and to lift the stay on this matter, and Defendants' cross motions, pursuant to CPLR § 1021, this Court finds an approximately 20-month delay in the filing of application to amend the caption, following the issuance of Letters of Administration, was not unreasonable. In determining whether the delay in filing a motion for substitution is reasonable, the Court must consider several factors, including "the diligence of the party seeking substitution, the prejudice to the other parties, and whether the party to be substituted has shown that the action or defense has potential merit." Terpis v. Regal Heights Rehabilitation and Health Care Center, Inc. 108 A.D.3d 618, 619 (2nd Dept. 2013); Borruso v. New York Methodist Hosp., 84 A.D.3d 1293, 1294 (2nd Dept. 2011); McDonnell v. Draizin, 24 A.D.3d 628, 628-628 (2nd Dept. 2005).
In applying the facts here, this Court finds that the Plaintiffs delaying in filing for substitution was not unreasonable. The Plaintiff, Shirley Snyder, passed away on September 2, 2020, during the height of the CO VID-19 pandemic. Plaintiff s counsel informed Defense counsel of Ms. Snyder's death on or about January 2, 2021. Approximately six (6) months later, Letters of Administration were issued for Ms. Snyder's estate, appointing Bruce Wolf as the administrator for said estate. On March 3, 2023, the instant motion for substitution was the filed. This Court takes judicial notice that from March 2020 and well into 2021, the world was grappling with the effects of the COVID-19 pandemic, which sadly lead to an unprecedented number of deaths causing severe backlogs across all aspects of life, including the handling of cases in private law firms, public agencies, and the court system itself. Here, Plaintiffs counsel has demonstrated diligence in seeking substitution of the Plaintiff in a timely fashion, following the issuance of Letters of Administration for Ms. Snyder's estate, given the strains caused by the COVID-19 pandemic. Further, the Defendants have not shown that they have been prejudiced by the delay in filing. Namely, Defendants simply state that they "will be prejudiced if this case [is] not dismissed since relevant documents and records may be lost, destroyed, or otherwise become unavailable as time continues to pass " This allegation, however, is unfounded as discovery was completed in this matter, a Note of Issue was filed on October 17, 2019, and the parties have even filed and received decisions for summary judgement motions.
Defs. Northwell Health Inc. 's and Long Island Jewish Medical Affirm, in Opp p. 7 ¶ 24 (E 462) and Def. Winthrop Corp's Affirm. In Support of Cross Motion p. 7 ¶ 22 (E 483).
E 116.
E 440.
Accordingly, having found no prejudice, unfair notice, or untimeliness, and "in light of the strong public policy of deciding cases on the merit," it is now:
Hemmings v. Rolling Frito-Lay Sales, LP, 220 A.D.3d 754 (2nd Dept. 2023) (quoting Navas v Aew York Hosp. Med. Ctr. of Queens, 180 A.D.3d 796, 797-98 (2nd Dept. 2020)).
ORDERED that the Plaintiff's motion is granted.
ORDERED that the motion is granted to the extent that the Plaintiffs complaint shall be amended to include Bruce Wolf as the Administrator of the Estate of Shirley Snyder, deceased; and it is further
ORDERED that the Plaintiffs request to amend the caption to reflect the substitution of the Plaintiff is granted. The amended caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS
BRUCE WOLF, as the Administrator of the Estate of Shirley Snyder, deceased. Plaintiff, -against
MARCUS AVENUE UNIT ONE NOMINEE, LLC, WINTHROP MANAGEMENT L.P., NORTHWELL HEALTH, INC., a/k/a LONG ISLAND JEWISH MEDICAL CENTER, WRD MARCUS AVENUE A, LLC, WRD MARCUS AVENUE B, LLC, WRD MARCUS AVENUE C, LLC, THE HAIN CELESTIAL GROUP, INC., FITNESS INTERNATIONAL, LLC and WINTHROP MANAGEMENT CORP., Defendants.
ORDERED that the Clerk of Queens County is to lift the stay on the instant matter following the issuance of the letters of administration on July 6, 2021; it is further
ORDERED that Defendants Northwell Health and Long Island Jewish Medical Center's Cross Motion to dismiss the Plaintiffs Summons and Complaint is denied; it is further
ORDERED that Defendant Winthrop Management L.P.'s Cross Motion to dismiss the Plaintiff s Summons and Complaint is denied; it is further
ORDERED that Defendant Winthrop Management Corp.'s Cross Motion to dismiss the Plaintiffs Summons and Complaint is denied; it is further
ORDERED that a copy of this Order with Notice of Entry be served 10 days after date of entry on all parties to the action and to the Clerk of Queens County.
All other requested relief not expressly addressed herein is denied. This constitutes the Decision and Order of the Court.