Legal Opinion
Weber v. Bellinger
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 12 opinions
1Opinion of the Court
After commencement of an action for personal injuries, plaintiff died. That event terminated her attorney’s authority to act and stayed the proceedings pending substitution of a legal representative (CPLR 1015; Matter of Einstoss, 26 NY2d 181; Silvagnoli v Consolidated Edison Employees Mut. Aid Socy., 112 AD2d 819). No administrator was appointed for the estate, and after almost two years defendants moved for dismissal on the ground that substitution was not made within a reasonable time. Special Term granted that motion without complying with the directive that notice first be given to those…
2Cases cited3 opinions
- In re the Estate of EinstossNew York Court of Appeals · 1970
- Silvagnoli v. Consolidated Edison Employees Mutual Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1985
- Dorney v. ReddyAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by12 opinions
- Giroux v. Dunlop Tire Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Thomas v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Kelly v. Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Blank v. SchafrannAppellate Division of the Supreme Court of the State of New York · 1994
- Pavone v. WaltersAppellate Division of the Supreme Court of the State of New York · 1995
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