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SOLOMON v. KITTAY

11 A.D.2d 725 (1960)

A. Alfred Solomon, Respondent, v. Philip Kittay, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1960

Appeal dismissed, without costs.

It appears from the papers submitted that the defendant died prior to the making of the motion which resulted in the order appealed from. Under the circumstances, although the action did not abate (Decedent Estate Law, § 118), no proceedings could be taken therein until the substitution of defendant's representative (O'Brien v. Flynn [Appeal No. 1], 228 App. Div. 704; O'Brien...

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