Plotkin v. New York City Transit Authority

—In an action to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated February 2, 1994, which denied its motion (1) to vacate a prior order of the same court, dated June 4, 1992, granting the plaintiffs application to be substituted as administrator of the estate of Gustave Martinez, and (2) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

Inasmuch as the summons and complaint were timely served, this action cannot be considered a nullity merely because the original plaintiff lacked the…