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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