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JONES v. VETTER

188 Misc.2d 475 (2001)

727 N.Y.S.2d 875

CAROLYN A. JONES, Plaintiff, v. HARRY VETTER, Defendant.

Supreme Court, Nassau County.

June 18, 2001.

Attorney(s) appearing for the Case

Charles G. Eichinger, P. C., Islandia, for plaintiff.

Robert P. Tusa, Garden City (Josephine E. Giuffre of counsel), for defendant.

OPINION OF THE COURT

DANIEL PALMIERI, J.

Plaintiff's motion pursuant to CPLR 1015 for the substitution of a fiduciary as a defendant is denied. Defense counsel recently informed the Court and plaintiff that the named defendant is deceased and pursuant to CPLR 1015 (a) this Court is now divested of jurisdiction and all proceedings are stayed. (Lyon v Melino, 214 A.D.2d 992 [4th Dept 1995].) Plaintiff has now moved...

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