Mazzacano v. Jordan

This is a motion by the executrix of the now deceased plaintiff for an order of substitution and for an order striking out the answer of the defendant and granting *902summary judgment in favor of the plaintiff. The defendant cross-moves to dismiss the complaint for lack of prosecution.

The motion was made on August 28,1963, prior to the effective date of the Civil Practice Law and Rules. It was not argued, however, until September 25, 1963. Prior to the enactment of the Civil Practice Law and Rules, there was no statutory limitation upon the time in which a representative of a plaintiff could…