MANGANERO v. GREGA


108 A.D.2d 842 (1985)

Sam Manganero, Appellant, v. John Grega, Appellant, and Volkswagen of America, Inc., Respondent

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

February 19, 1985


Appeal by plaintiff dismissed.

Judgment affirmed as to appellant Grega.

Respondent is awarded one bill of costs payable by appellant Grega.

Plaintiff died prior to the rendering of the decision against him, thereby making the decision void as to him and necessitating the dismissal of his appeal (CPLR 5016 [d]; Byrd v Johnson, 67 A.D.2d 992).

Special Term properly granted the motion for summary judgment...

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