Legal Opinion
Grosso v. Estate of Gershenson
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2006PublishedCited by 13 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winslow, J), entered February 22, 2005, which granted the defendants’ motion pursuant to CFLR 3211 (a) (3) and (7) to dismiss the complaint and denied her cross motion for leave to amend the complaint.
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff could not bring an action against the decedent’s estate since no executor or administrator had been appointed. “An estate is not a legal entity and any action for or against…
2Cases cited3 opinions
- Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- 100 West 72nd Street Associates v. MurphyCivil Court of the City of New York · 1989
- In re RoyAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by13 opinions
- Wilmington Trust, Nat'l Ass'n v. Estate of McClendonDistrict Court, S.D. Illinois · 2018
- Architectural Body Research Found. v. Reversible Destiny Found.District Court, S.D. Illinois · 2018
- Deutsch v. GrunwaldAppellate Division of the Supreme Court of the State of New York · 2009
- Visutton Associates v. FastmanAppellate Terms of the Supreme Court of New York · 2014
- 200 Claremont Ave. Hous. Dev. Fund Corp. v. Estate of LewisAppellate Terms of the Supreme Court of New York · 2024
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