MAZZEO v. MARRONE


46 A.D.2d 788 (1974)

Jennie Mazzeo et al., Appellants, v. Antoinette Marrone et al., Respondents

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

November 12, 1974


No opinion. Appeal as to defendant Marco Passaro dismissed, without costs, and without prejudice to such further proceedings as to him as the parties may be advised. It appears from the trial transcript that defendant Marco Passaro was deceased at the time of the trial. There is no indication in the record that an executor or administrator of his estate was substituted as a party defendant. "Under the circumstances, the judgment as to him is a nullity and the plaintiffs'...

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