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ABECASIS v. FONTANAZZA

10 Misc.3d 195 (2005)

805 N.Y.S.2d 797

SIMON ABECASIS, Plaintiff, v. JOHN FONTANAZZA, Defendant.

Civil Court of the City of New York, Kings County.

September 20, 2005.

Attorney(s) appearing for the Case

Sheryl R. Menkes for plaintiff.

Douglas A. Gingold for defendant.

OPINION OF THE COURT

EILEEN N. NADELSON, J.

This action arose out of an automobile accident in which plaintiff was allegedly struck by defendant's motor vehicle. On or about May 24, 2005, defense counsel forwarded a copy of a death certificate for defendant and, as a result thereof, all proceedings were stayed pursuant to CPLR 1015.

Defendant died intestate with no assets of value or any personal...

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