Petty v. Meadowbrook Distributing Co.

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 12, 1998, which denied plaintiff’s counsel’s motion for extension of time to effect substitution for the deceased plaintiff and dismissed the action, unanimously reversed, on the law, without costs, the motion granted and the action reinstated.

The injured plaintiff died during the pendency of this action, from unrelated causes. Counsel first sought to have a next-of-kin substituted, but the decedent’s son, an Army officer in Georgia, expressed little interest. Counsel then turned to the Public Administrator of Suffolk…