In Carrick v. Central Gen. Hosp. (51 N.Y.2d 242 [1980]), the Court of Appeals addressed the question of whether the six-month extension, under CPLR 205 (a), should be made available to a plaintiff's wrongful death action, which had been previously dismissed for the lack of a duly appointed administrator. The plaintiff had initially commenced a medical malpractice action, relating to her spouse's personal injuries and wrongful death, and denominated herself as the "proposed administratrix" in the caption of the pleadings. The Court (at 249) distinguished its earlier decisions in Goldberg, involving CPLR 203 (e), which required a valid preexisting action to which an amended pleading could "relate back," and George, involving application of CPLR 205 (a), which "contemplates a prior defective action subject to dismissal upon timely motion." The Court emphasized that the existence of a qualified administrator is not only an essential element to the statutory right to recover for a wrongful death, but indeed, is a condition precedent. The decision acknowledged the fact that failure to have a personal representative duly appointed, before commencement of a wrongful death action, affects the substance of the claim, and therefore, renders such action defective and subject to dismissal. Nevertheless, the Court determined that a plaintiff should be accorded the six-month extension of time, within which to bring a wrongful death action following dismissal, pursuant to CPLR 205 (a). The Court examined the interplay between EPTL 5-4.1 and CPLR 205 (a). That plaintiff had commenced a wrongful death action before an administratrix was appointed. Finding that the appointment of the administratrix was a necessary precondition before the action could be commenced, the first action was dismissed. The defendant sought to dismiss the second action based on the Statute of Limitations which had expired between the dates the two actions were commenced. The defendant contended there was no timely commencement of the first action. That Court held " 'While the relation-back provisions of CPLR 203 are dependent on the existence of a valid pre-existing action, CPLR 205 (subd [a]) was created to serve in those cases in which the prior action was defective and so had to be dismissed' ( George v. Mt. Sinai Hosp., [47 NY2d 170], at pp 179-180)." ( Carrick v. Central Gen. Hosp., supra, at 248-249.)