The action underlying the instant appeal was commenced against Patricia Ann and Stanley T. Marcus on May 5, 1982. On June 24, 1983, Special Term granted, in part, plaintiff's motion for permission to amend his complaint. On June 28, 1983, at which time plaintiff had not yet served the amended complaint, Patricia Ann Marcus died. On July 7, 1983, Sharon Marcus, daughter of Patricia Ann Marcus, became the administratrix of her mother's estate....
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