Legal Opinion
Batan v. Schmerler
New York Supreme Court
Decided July 10, 1992PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Arthur W. Lonschein, J.
This is an automobile negligence action, in which the defendant Herbert Schmerler, now deceased, was driving an automobile owned by his wife, Rae Schmerler, sued here as Ray Schmerler. The court was informed of Mr. Schmerler’s demise shortly before this action was to be reached for trial. Since his death caused the action to abate, and no personal representa*47tive has been appointed who could be substituted, the action was marked off the Trial Calendar. While the court is now informed that the decedent left a will, it does not appear to have been…
2Cases cited4 opinions
- Gelbman v. GelbmanNew York Court of Appeals · 1969
- Nieves v. 331 East 109th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Harding v. Noble Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Adelman v. FriedmanCivil Court of the City of New York · 1975
3Cited by3 opinions
- Sheahan v. RodriguezNew York Surrogate's Court · 2002
- Jones v. VetterNew York Supreme Court · 2001
- Abecasis v. FontanazzaCivil Court of the City of New York · 2005