MOGAVERO v. STONY CREEK DEV. CORP.


53 A.D.2d 1021 (1976)

Lorraine Mogavero, as Surviving Spouse of Angelo J. Mogavero, Deceased, Respondent, v. Stony Creek Development Corporation et al., Appellants Decor Builders, Inc., Third-Party Plaintiff-Appellant, v. Lodato Construction Corp., Third-Party Defendant-Appellant

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

July 12, 1976


Order unanimously reversed, with costs, cross motions granted and complaint dismissed, without prejudice, to plaintiff's institution of a new action in her appointed representative capacity, if so advised.

Memorandum:

Plaintiff, "as surviving spouse of Angelo J. Mogavero, deceased" ("Mogavero"), timely commenced an action against named defendants ("Stony Creek" and "Decor"), seeking damages for injuries and pain and suffering of Angelo Mogavero and damages...

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