Legal Opinion

Howlader v. Lucky Star Grocery, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided August 9, 2017No. 2014-11194PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the appeal is from an order of the Supreme Court, Queens County (Flug, J.), entered September 2, 2014, which granted that branch of the motion of the defendant 2100 White Plains Road Corp. which was pursuant to CPLR 1021 to dismiss the complaint insofar as asserted against it for failure to timely substitute a representative for the deceased plaintiff, and the separate motion of the defendant City of New York seeking the same relief as to it.

Ordered that the order is affirmed, with one bill of costs.

“CPLR 1021 requires a motion for…

2Cases cited4 opinions

  1. Reed v. GrossiAppellate Division of the Supreme Court of the State of New York · 2009
  2. McDonnell v. DraizinAppellate Division of the Supreme Court of the State of New York · 2005
  3. Suciu v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  4. Riedel v. KapoorAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by3 opinions

  1. Navas v. New York Hosp. Med. Ctr. of QueensAppellate Division of the Supreme Court of the State of New York · 2020
  2. Green v. Maimonides Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2019
  3. Silberstein v. Silberstein Awad & Miklos, P.C.Appellate Division of the Supreme Court of the State of New York · 2019

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