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TIMONER v. NORTH SHORE INTERNAL MED. ASSOCS.

125 A.D.2d 300 (1986)

Monte Timoner et al., Appellants, v. North Shore Internal Medicine Associates, P. C., et al., Respondents

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

December 1, 1986

Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff Monte Timoner died in May 1982, during the pendency of this action. More than two years after his death no personal representative had been appointed. The defendants moved to dismiss the action pursuant to CPLR 1021 for failure to effect a substitution of the personal representative of Monte Timoner's estate within a reasonable time. Special...

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