PDV (USA), Inc. v. Cobrin

OPINION OF THE COURT

Louis B. York, J.

This motion for a substitution of Peter Cobrin by Toby Cobrin, the executor of his estate, is granted. The cross motion to vacate the decision dismissing the second and fourth causes of action against all of the defendants is denied.

It is true that the death of a party to the action will generally stay any further activities in the case until there is a substitution of a representative of the estate for the deceased party. Any activity before such an appointment is a nullity (Chimenti v *938Hertz Corp., 25 AD2d 562 [2d Dept 1966]). The question here is what…