Public Administrator v. Heil Corp.

In an action to recover damages for wrongful death, breach of express and implied warranties and strict liability in tort, the defendant appeals from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered August 26, 1985, which granted the plaintiffs motion to restore the case to the Ready Trial Calendar after it had been marked off that calendar and to change the caption of the case so as to substitute the personal representative of the estate of the deceased plaintiff, and denied the defendant’s cross motion to dismiss the action.

Ordered that the order is modified, on…