New York Court of Appeals October 30, 2003 (Di Simone v. Good Samaritan Hospital)

*633OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Plaintiff commenced this wrongful death action alleging medical malpractice in 1995. During the course of discovery, plaintiff’s attorney became the subject of disciplinary proceedings and was ultimately disbarred in June 1998.