Solomon v. Kittay

In an action to recover damages for personal injuries, the defendant appeals .from an order of the Supreme Court, Nassau County, dated November 5, 1959, which granted plaintiff’s motion to vacate the dismissal of the complaint pursuant to rule 302 of the Rules of Civil Practice. Appeal dismissed, without costs. It appears from the papers submitted that the defendant died prior to the making of the motion which resulted in the order appealed from. Under the *726circumstances, although the action did not abate (Decedent Estate Law, § 118), no proceedings could be taken therein until the…