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HORVATH v. LIN YAP

291 A.D.2d 251 (2002)

736 N.Y.S.2d 877

STEVEN F. HORVATH et al., Respondents, v. HONG LIN YAP et al., Appellants.

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

Decided February 7, 2002.

It appears that after some disclosure plaintiffs were granted summary judgment against both defendants on the issue of liability, and that about a month before the inquest plaintiffs' attorney was advised by defendants' insurance carrier that one of the defendants had died. It appears that the surviving defendant has the same last name as the decedent, lives at the same address as did the decedent, is of an age consistent with...

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