Estate of Salerno v. Estate of Salerno

— In an action for rescission of a deed and for an accounting of rents collected, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Ferraro, J.), entered March 25, 1988, which denied their motion to extend a stay of entry of a judgment dismissing the action.

Ordered that the order is affirmed, with costs.

The complaint alleged that the defendants procured a deed from the decedent Lucy Salerno under circumstances of fraud, forgery or duress. The court granted the defendants’ motion to dismiss the complaint for lack of capacity to sue. In light of a related probate…