Legal Opinion
Abecasis v. Fontanazza
Civil Court of the City of New York
Decided September 20, 2005Published
1Opinion of the Court
*196OPINION OF THE COURT
Eileen N. Nadelson, J.
This action arose out of an automobile accident in which plaintiff was allegedly struck by defendant’s motor vehicle. On or about May 24, 2005, defense counsel forwarded a copy of a death certificate for defendant and, as a result thereof, all proceedings were stayed pursuant to CPLR 1015.
Defendant died intestate with no assets of value or any personal affairs requiring the appointment of an administrator, and the family has no intention of ever petitioning for the appointment of an estate fiduciary. No fiduciary has been appointed by the Surrogate’s…
2Cases cited7 opinions
- Harding v. Noble Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Meehan v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1997
- Butts v. MarxCivil Court of the City of New York · 1990
- Aptacy v. H. J. Giorgi, Inc.New York Supreme Court · 1984
- Batan v. SchmerlerNew York Supreme Court · 1992
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