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RIZZO v. STEINER

20 A.D.2d 909 (1964)

Julia Rizzo et al., Appellants, v. Leonard D. Steiner, Defendant, and St. Joseph's Hospital, Defendant and Third-Party-Plaintiff. Austin B. Johnson et al., Third-Party-Defendants-Respondents, et al., Third-Party Defendant

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

April 13, 1964

Appeal insofar as it affects the third-party defendant Austin B. Johnson, is dismissed, without costs. It appears that the said physician had died prior to entry of the order appealed from and that no representative has been substituted. As to him, therefore, both the order and the notice of appeal therefrom are nullities (see Solomon v. Kittay, 11 A.D.2d 725). As to the remaining individual third-party defendants, Christman and...

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