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ENCALADA v. CITY OF NEW YORK

280 A.D.2d 578 (2001)

720 N.Y.S.2d 806

DIEGO ENCALADA, Respondent, v. CITY OF NEW YORK et al., Defendants, and SUZANNE S. ROSE, Appellant.

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

Decided February 20, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion to substitute Suzanne Snyder Rose, as Executrix of the Estate of David Snyder, as a defendant in place and stead of the defendant "New York City Marshal David Snyder." Rose had received letters testamentary while the action was pending. While the plaintiff did not satisfactorily explain...

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