Castrovinci v. Edwards

This action was on the disposition calendar in Trial Term, Part I, and a jury slip was issued. It then developed that the attorney for the defendant Jack Weisberg, who was retained by the defendant’s liability insurance carrier, found out for the first time that this defendant was deceased, and has been for some period of time. The question then arose as to whether or not a representative could be summarily appointed and have the trial proceed without delay. Plaintiffs’ attorney pointed out that he was ready to proceed to trial and had received no notification of the death of the defendant.…