Shahid v New York Columbia-Presbyt. Hosp. Irving Med. Ctr.

Holding The dismissal of the medical malpractice complaint was affirmed because the plaintiff was not an authorized representative of the decedent’s estate and lacked the capacity to sue pro se. The court determined that only a personal representative with letters of administration could maintain the wrongful death and personal injury claims.

The court’s words

Dismissal of the action without prejudice was appropriate because plaintiff is not an authorized representative of decedent's estate as he has not received letters of administration

2026 NY Slip Op 06586, at the official text

the court properly concluded that plaintiff, a nonattorney, could not represent the estate pro se unless he was the sole beneficiary and there were no creditors

2026 NY Slip Op 06586, at the official text