Zalewski v. Zalewski

This is a motion to substitute a new plaintiff in the place and stead of a deceased plaintiff. The action is for partition of real estate. Prior to the plaintiff’s death interlocutory judgment was entered, fixing the rights of the parties and appointing a referee to conduct a sale, and otherwise in accordance with the terms of the statute. The property has not yet been advertised for sale, or sold, pursuant to the judgment. This motion is made by a creditor of the deceased plaintiff’s estate, appearing for such purpose by attorneys who had not previously appeared on behalf of any party to the…