Gutierrez v. Steven Lincoln-Mercury, Inc.

In an action, inter alia, to recover damages for injury to property, nonparty Eileen Gutierrez appeals from an order of the Supreme Court, Kings County (Balter, J.), dated August 15, 2007, which denied her motion pursuant to CPLR 1015 (a) to substitute herself, in her capacity as administrator of the estate of Dios Gutierrez, in the place and stead of the deceased plaintiff, and to restore the action to the active calendar.

Ordered that the order is affirmed, with costs.

This action was marked “disposed of’ on November 2, 1990 when neither the plaintiff nor his attorney appeared in court for a…