Lerner v. Ayervais

— In an action to recover damages for breach of an oral contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated October 22, 2002, which granted the defendant’s motion to vacate an order of the same court dated April 16, 2002, which struck her answer and counterclaims.

Ordered that on the Court’s own motion, Sidney Lerner, as executor of the estate of Sylvia Lerner, is substituted as an appellant in the place and stead of the deceased Sylvia Lerner, and the caption is amended accordingly; and it is further,

Ordered that the order is affirmed, with…