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FIREMEN'S FUND INS. CO. v. DIETZ

110 A.D.2d 1083 (1985)

Firemen's Fund Insurance Company, as Subrogee of Eugene Boesken and Another, Respondent, v. John Dietz, Appellant

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

April 5, 1985

Order unanimously reversed, on the law, with costs, and motion granted.

Memorandum:

After issue was joined in this action, defendant's attorney died. Thereafter, when the matter was called on a Pretrial Calendar, plaintiff's counsel was advised by the calendar Judge to serve a demand upon defendant to appoint substitute counsel and if substitute counsel was not appointed, the matter would be set down for default...

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