On December 10, 2025, Kiran Bal, Esq. secured the dismissal of a complex, multi-defendant medical malpractice and nursing home negligence action in Supreme Court, Westchester County.

The plaintiff commenced this action in May 2025 alleging several healthcare providers were responsible for the decedent’s decline during admissions spanning March through May 2023. The complaint asserted broad claims for negligence, medical malpractice, lack of informed consent, wrongful death, and violations of Public Health Law § 2801-d.

Sheeley LLP moved to dismiss the action because the named plaintiff, who appeared only as a “proposed representative”, lacked legal authority to initiate litigation on behalf of the estate.

The Court agreed.  By Order dated December 10, 2025, the Court dismissed the complaint on the ground that the plaintiff lacked the requisite capacity to commence suit.