In an action alleging medical malpractice and wrongful death, the plaintiff claimed that the defendants failed to timely diagnose the decedent’s invasive gastric adenocarcinoma, denying her the opportunity for timely therapeutic treatment and potential cure and ultimately causing her death. Based upon the histopathology and pathogenesis of the particular malignant tumor at issue, we prepared a strong, substantive defense on the medical issues through early consultation with appropriate experts. However, when it became apparent that the supposed administrator of the plaintiff’s estate had not been properly appointed by the Surrogate Court, and when the plaintiff continued to delay for unknown reasons to properly obtain the formal appointment of an estate representative after we moved to dismiss the action for lack of standing, our motion to dismiss was granted.