HIRDES v. FANNING


40 A.D.2d 716 (1972)

Jean Hirdes et al., Appellants, v. Robert Fanning et al., Respondents

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

October 30, 1972


Judgment affirmed as to plaintiffs Jean Hirdes and Thomas Hirdes, Jr., with costs. Appeal by plaintiff Virginia Hirdes dismissed, without costs.

Although the notice of appeal was filed apparently on behalf of all plaintiffs, it appears from the statement made pursuant to CPLR 5531 that plaintiff Virginia Hirdes died before the trial. No executor or administrator was substituted for her as a party plaintiff. Under the circumstances, the judgment as to her is a nullity...

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