Appleby v. Suggs

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 15, 2014, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion to substitute the executrix, Joanne Appleby, in place of deceased plaintiff Francesca Appleby, and denied defendants-appellants’ cross motion to dismiss the complaint, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting plaintiffs’ motion and denying defendants’ cross motion, despite plaintiffs’ delay in moving for substitution (see Hedaya v Hedaya, 160 AD2d 625, 626 [1st…