Legal Opinion

Butts v. Marx

Civil Court of the City of New York

Decided September 10, 1990PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira B. Harkavy, J.

Plaintiffs move for an order pursuant to CPLR 1015 directing substitution of the proper parties on behalf of the deceased defendant and/or for the appointment of a guardian to serve as temporary administrator for the deceased defendant. Plaintiffs also move for an order pursuant to CPLR 1021 striking the answer of the defendant for failing to properly and timely substitute the proper parties.

This is an action for personal injuries wherein on or about July 14, 1983, the infant plaintiff was involved in a motor *406vehicle accident with the defendant, Eleanor…

2Cases cited4 opinions

  1. Friedlander v. Roxy Theatre, Inc.New York Supreme Court · 1953
  2. Friedlander v. Roxy Theatre, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
  3. Mazzacano v. JordanNew York Supreme Court · 1963
  4. Castrovinci v. EdwardsNew York Supreme Court · 1969

3Cited by4 opinions

  1. Igor Shtarkman Neurologist v. Allstate InsuranceNassau County District Court · 2002
  2. Janvier v. AllenAppellate Division of the Supreme Court of the State of New York · 1998
  3. Walfred Corp. v. Alb-Inn Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Abecasis v. FontanazzaCivil Court of the City of New York · 2005

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