DOOLEY v. GRAY


22 A.D.2d 791 (1964)

Edwin B. Dooley, Appellant, v. J. Spencer Gray et al., Respondents

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

November 2, 1964


Order reversed, with $10 costs and disbursements to plaintiff, and motion to dismiss the complaint denied. Such denial, however, is with leave to renew the motion in the event that, within 90 days after entry of the order hereon, there has been a failure: (a) to effect a substitution of parties in place of the deceased individual defendant; (b) to complete all preliminary proceedings; and (c) to place the action on the calendar (see CPLR 1021).

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