Legal Opinion
Ortiz v. Dormer
New York Supreme Court
Decided June 29, 1989Published
1Opinion of the Court
OPINION OF THE COURT
Arthur W. Lonschein, J.
This action arising out of a motor vehicle accident was stricken from the Trial Calendar in August of 1987, due to the death of the defendant Americo Conca, a resident of the State of Rhode Island. In September of 1988 the plaintiffs moved to restore the matter to the Trial Calendar, but this motion was denied since no personal representative had been appointed for the deceased defendant.
The plaintiffs now seek to continue the action against the deceased defendant only to "the limits of said defendant’s insurance coverage”. In order to achieve this,…
2Cases cited9 opinions
- Babcock v. JacksonNew York Court of Appeals · 1963
- Oltarsh v. Aetna InsuranceNew York Court of Appeals · 1965
- In re the Estate of EinstossNew York Court of Appeals · 1970
- Markham v. Allstate Insurance CompanySupreme Court of Rhode Island · 1976
- Malpass v. Mavis Tire Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1988
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