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ABRAMOWITZ v. AM. GEN. CONTRACTING CO.

239 A.D.2d 303 (1997)

658 N.Y.S.2d 24

David Abramowitz, Respondent, v. American General Contracting Co., Appellant, et al., Defendant. (And a Third-Party Action.)

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

May 29, 1997

We find that defendant participated in the traverse with full knowledge of plaintiff's death, and accordingly waived any claim that the traverse was a nullity because it took place without a proper substitution of the deceased plaintiff's representative (see, Nieves v 331 E. 109th St. Corp., 112 A.D.2d 59, 60-61). Defendant's claim of prejudice as a result of the delay in substituting plaintiff's representative is improperly...

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