Order reversed, insofar as appealed from, without costs or disbursements and that part of the motion requesting leave to serve an amended summons and complaint is denied without prejudice to renew after a legal representative has been appointed to safeguard the interests of the estate of Marie Martello, now deceased. The record reveals that Marie Martello died before the notice of motion was served, that the fact of her death was known to plaintiff's attorney at that time...
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