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HILLEN v. DI PAOLO

100 A.D.2d 893 (1984)

Joseph Hillen, Respondent, v. Irma Di Paolo et al., Appellants

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

April 16, 1984

¶ Order affirmed, with costs.

¶ Notwithstanding the fact that the action was improperly brought in the name of a deceased plaintiff, it was still a timely commenced action for purposes of CPLR 205 (subd [a]) and therefore, since it was not voluntarily discontinued, dismissed for neglect to prosecute, or terminated by a judgment on the merits, plaintiff's administrator may commence a new action within six months...

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