CASTROVINCI v. EDWARDS


59 Misc.2d 696 (1969)

Joseph Castrovinci, Individually and as Natural Parent of Felicia Castrovinci, et al., Plaintiffs, v. Ruffin Edwards, Jr., et al., Defendants. Shirley Weisberg et al., Plaintiffs, v. Joseph Castrovinci et al., Defendants.

Supreme Court, Westchester County.

April 28, 1969


Attorney(s) appearing for the Case

Avstreigh, Martino & Weiss (Louis J. Martino of counsel), for plaintiffs. Simone, Brant & Stanisci (Robert W. Hunter of counsel), for Ruffin Edwards, Jr., defendant. Mead, Dore & Henderson (Donald A. Mead of counsel), for Jack Weisberg, defendant.


FRANK S. McCULLOUGH, J.

This action was on the disposition calendar in Trial Term, Part I, and a jury slip was issued. It then developed that the attorney for the defendant Jack Weisberg, who was retained by the defendant's liability insurance carrier, found out for the first time that this defendant was deceased, and has been for some period of time. The question then arose as to whether or not a representative could be summarily appointed and have the...

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