McGREGOR v. McGREGOR


212 A.D.2d 955 (1995)

622 N.Y.S.2d 995

Debra Ann M. McGregor, Appellant, v. Gary J. McGregor, Respondent

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

February 23, 1995


Casey, J.

CPLR 321 (c) provides that upon the death, removal or disability of an attorney "at any time before judgment, no further proceeding shall be taken in the action against the party for whom [the attorney] appeared, without leave of the court, until thirty days after notice to appoint another attorney has been served upon that party". Although CPLR 321 (c) affects the authority of the court to proceed, recent dicta suggests that a violation of...

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