PETTY v. MEADOWBROOK DISTRIBUTING CORPORATION


266 A.D.2d 88 (1999)

698 N.Y.S.2d 659

ROBERT V. PETTY, Appellant, v. MEADOWBROOK DISTRIBUTING CORPORATION et al., Respondents. FRANK J. PATTERSON et al., Third-Party Plaintiffs-Respondents, v. SOUTHLAND CORPORATION, Third-Party Defendant-Respondent.

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

Decided November 18, 1999.


The injured plaintiff died during the pendency of this action, from unrelated causes. Counsel first sought to have a next-of-kin substituted, but the decedent's son, an Army officer in Georgia, expressed little interest. Counsel then turned to the Public Administrator of Suffolk County, but that move also entailed procedural delay. The court and defense counsel were kept apprised of these steps. Fifteen months after plaintiff died, there was a defense motion to dismiss for...

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