SCHIAVONE v. PISANIELLO


270 A.D.2d 174 (2000)

705 N.Y.S.2d 49

JOSEPHINE SCHIAVONE, Appellant, v. JOHN PISANIELLO et al., Respondents.

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

Decided March 28, 2000.


Plaintiff fails to explain why the action, which seeks to recover for a 1987 trip and fall over an allegedly defective walkway in front of defendants' building, should have remained off the calendar for four years, beginning in October 1994 when the individual defendant died. Accepting that plaintiff was prevented from effecting a substitution by a will contest that was not resolved until June 1996, it remains that she did not move for a substitution until October 1998, and...

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