North Shore University Hospital v. Katzenberg

Appellate Division of the Supreme Court of New York

North Shore University Hospital v. Katzenberg

212 A.D.2d 680, 622 N.Y.S.2d 799, 1995 N.Y. App. Div. LEXIS 1741

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 21, 1995

StatusPublished

This text of 212 A.D.2d 680 (North Shore University Hospital v. Katzenberg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North Shore University Hospital v. Katzenberg, 212 A.D.2d 680, 622 N.Y.S.2d 799, 1995 N.Y. App. Div. LEXIS 1741 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In an action, inter alia, to recover damages for breach of contract, the defendant third-party plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), entered February 24, 1993, as granted the third-party defendants’ cross motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The third-party plaintiff guaranteed to pay all hospital expenses incurred by his wife’s grandmother, Rose Yerman, that were unpaid and not covered by insurance. Yerman died while a portion of her hospital expenses were unpaid. Yer-man’s estate was settled pursuant to a petition filed in the Orphan’s Court of Baltimore City, Maryland, and distributed to the third-party defendants pursuant to an accounting filed in that court. The third-party plaintiff did not make a claim against Yerman’s estate for the unpaid hospital expenses.

The third-party plaintiff commenced this third-party action against the third-party defendants, the beneficiaries of Yer-man’s estate, to collect funds to pay the unpaid portion of the hospital bill. Jurisdiction cannot be obtained against these individuals under CPLR 302 and accordingly dismissal was proper. Lawrence, J. P., Ritter, Friedmann and Krausman, JJ., concur.

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—In an action, inter alia, to recover damages for breach of contract, the defendant third-party plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), entered February 24, 1993, as granted the third-party defendants’ cross motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The third-party plaintiff guaranteed to pay all hospital expenses incurred by his wife’s grandmother, Rose Yerman, that were unpaid and not covered by insurance. Yerman died while a portion of her hospital expenses were unpaid. Yer-man’s estate was settled pursuant to a petition filed in the Orphan’s Court of Baltimore City, Maryland, and distributed to the third-party defendants pursuant to an accounting filed in that court. The third-party plaintiff did not make a claim against Yerman’s estate for the unpaid hospital expenses.

The third-party plaintiff commenced this third-party action against the third-party defendants, the beneficiaries of Yer-man’s estate, to collect funds to pay the unpaid portion of the hospital bill. Jurisdiction cannot be obtained against these individuals under CPLR 302 and accordingly dismissal was proper. Lawrence, J. P., Ritter, Friedmann and Krausman, JJ., concur.

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Bluebook (online)

212 A.D.2d 680, 622 N.Y.S.2d 799, 1995 N.Y. App. Div. LEXIS 1741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-shore-university-hospital-v-katzenberg-nyappdiv-1995.