BLACK v. BUDGET RENT A CAR CORP.


224 A.D.2d 350 (1996)

638 N.Y.S.2d 455

Robert S. Black, Respondent, et al., Plaintiff, v. Budget Rent a Car Corporation et al., Appellants, et al., Defendant

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

February 27, 1996


We agree with the IAS Court that plaintiff Public Administrator, who was appointed administrator of the decedents' estates because no member of either of their families was qualified to so serve, is a "nominal party", who neither knew the decedents nor had any connection with their families or the other parties to the action before his appointment. In these circumstances, his deposition cannot possibly lead to disclosure of any material and necessary facts (see,

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