Legal Opinion
Hicks v. Jeffrey
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 2003PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated June 12, 2002, which denied his motion to substitute the Nassau County Public Administrator in place of the defendant Albert Jeffrey, deceased, and to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
It is well settled that the death of a party stays the action as to him or her pending the substitution of a legal representative, and any determination rendered without such…
2Cases cited3 opinions
- In re the Estate of EinstossNew York Court of Appeals · 1970
- Gonzalez v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Meehan v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by10 opinions
- Singer v. RiskinAppellate Division of the Supreme Court of the State of New York · 2006
- Reed v. GrossiAppellate Division of the Supreme Court of the State of New York · 2009
- Stancu v. Cheon Hyang OhAppellate Division of the Supreme Court of the State of New York · 2010
- JPMorgan Chase Bank, N.A. v. Max RosembergAppellate Division of the Supreme Court of the State of New York · 2011
- Cifuentes v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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