In re the Estate of Wyche

OPINION OF THE COURT

Lawrence E. Kahn, S.

The facts in this proceeding are undisputed. On June 16, 1975, decedent was involved in an automobile accident with a taxicab owned by petitioner. Petitioner subsequently commenced an action in the City Court of Albany against decedent; a defense was interposed on decedent’s behalf by her *325insurance company. Thereafter, decedent moved to California. A second action was commenced in Supreme Court, Albany County, by a passenger in the taxicab naming petitioner and decedent as codefendants but, before service of process could be issued, decedent died.…