Robert Fein of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s Westchester County office was successful in obtaining a dismissal of a nursing home negligence/statutory violation action in Richmond County.  Mr. Fein persuasively argued to the Court (J. Dollard) that plaintiff’s distributees failed to move within reasonable time to substitute a representative of the decedent’s estate for the decedent as a proper plaintiff in the action.  Mr.  Fein won over the Court by arguing that plaintiff’s proffered blanket conclusory explanation that plaintiff’s law firm had been trying to locate decedent’s next-of-kin was vague and unsubstantiated and insufficient to constitute a reasonable excuse.  Mr. Fein also persuasively argued that plaintiff failed to submit an affidavit purporting any merit in the case. Accordingly, the Court dismissed plaintiff’s action pursuant to CPLR 1021.