Wilson v. Mosey

Memorandum: Plaintiffs commenced this action seeking damages for injuries they sustained when a vehicle operated by Michael M. Brenon (decedent) allegedly ran a red light and struck the vehicle operated by plaintiff Gary L. Wilson, Jr. and in which plaintiff Tami Hill was a passenger. Decedent subsequently died intestate and, approximately 20 months after his death, his attorney moved, inter alia, to dismiss the complaint based upon plaintiffs’ failure to substitute decedent’s estate within a reasonable time (see CPLR 1015 [a]; 1021). Supreme Court properly denied that part of the motion. The…