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BUTTS v. MARX

148 Misc.2d 405 (1990)

Nicole Butts, an Infant, by Her Mother and Natural Guardian, Linda Butts, et al., Plaintiffs, v. Eleanor Marx, Defendant.

Civil Court of the City of New York, Kings County.

September 10, 1990

Attorney(s) appearing for the Case

Paul S. Mirman, P. C., for plaintiffs. Benjamin Purvin for defendant.

IRA B. HARKAVY, J.

Plaintiffs move for an order pursuant to CPLR 1015 directing substitution of the proper parties on behalf of the deceased defendant and/or for the appointment of a guardian to serve as temporary administrator for the deceased defendant. Plaintiffs also move for an order pursuant to CPLR 1021 striking the answer of the defendant for failing to properly and timely substitute the proper parties.

This is an action for personal injuries...

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