Berger v. Ickovicz

OPINION OF THE COURT

Victor I. Barron, J.

*678Plaintiff in action No. 1, Morton Berger, moves, and the defendant in action No. 1 and plaintiff in action No. 2, Dennis Halpern, cross-moves for an order: (i) transferring this matter to the Surrogate’s Court, pursuant to CPLR 325 (e); (ii) appointing a temporary administrator to act as fiduciary on behalf of defendant decedent Abraham Ickovicz for the purposes of this litigation, and amending the caption accordingly. Plaintiff Berger also seeks partial summary judgment on the issue of liability as against Ickovicz.

These actions, which were…