Gallardo Levin Reiter & Rogers recently obtained dismissal of all claims asserted by plaintiff against a prominent New York City home health care agency. Plaintiff alleged that Gallardo Levin Reiter & Rogers‘ client failed to properly monitor the decedent allowing her to fall and sustain a subdural hematoma which ultimately caused her death. Shortly after commencement of the action, Gallardo Levin Reiter & Rogers moved to dismiss plaintiff’s complaint based upon plaintiff’s lack of capacity to commence the action as a “Proposed Administratrix” prior to receiving Letters of Administration from the Surrogate’s Court. The Supreme Court, Bronx County, agreed that plaintiff lacked the capacity to commence the action and dismissed her Complaint. The case was handled by Gallardo Levin Reiter & Rogers Partner, Christopher Rogers.
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