Legal Opinion

Bossert v. Ford Motor Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1988PublishedCited by 31 opinions

1Opinion of the Court

The plaintiff, who commenced this action, both individually and as administrator of his wife’s estate, died three years prior to the submission of the defendants’ motion for summary judgment. At that time, no substitution of parties had been effected in accordance with the provisions of CPLR 1021 for the deceased plaintiff in either his individual or representative capacities. Although the plaintiffs nephew had been appointed personal representative of both the plaintiff and the plaintiffs wife’s estates, no motion was made to substitute him as a party. The purported stipulation between…

2Cases cited7 opinions

  1. In re the Estate of EinstossNew York Court of Appeals · 1970
  2. Wisdom v. WisdomAppellate Division of the Supreme Court of the State of New York · 1985
  3. Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 1982
  4. Paul v. AscherAppellate Division of the Supreme Court of the State of New York · 1984
  5. Hart v. BlabeyNew York Court of Appeals · 1941

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3Cited by31 opinions

  1. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  2. Singer v. RiskinAppellate Division of the Supreme Court of the State of New York · 2006
  3. JPMorgan Chase Bank, N.A. v. Max RosembergAppellate Division of the Supreme Court of the State of New York · 2011
  4. Halperin v. Waldbaum's SupermarketAppellate Division of the Supreme Court of the State of New York · 1997
  5. Oberlander v. LeviAppellate Division of the Supreme Court of the State of New York · 1994

26 more not listed; retrieve them via the Exa API.

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