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ORELLANA v. MALEK

116 A.D.2d 557 (1986)

Dea Orellana, as Administratrix of The Estate of Lena Aguayo, Deceased, Respondent, v. Joseph (First Name Fictitious) Malek, Appellant, et al., Defendant

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

January 13, 1986

Order affirmed, with costs.

It was not an abuse of discretion for Special Term to order substitution. Appellant's motion to dismiss was made within a year of the plaintiff's death and within six months of the appointment of an administratrix (see, Rosenfeld v Hotel Corp., 20 N.Y.2d 25, 29). Furthermore, in the absence of a showing of prejudice to appellant, or placement upon the Trial Calendar, dismissal for failure...

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