LERNER v. AYERVAIS


16 A.D.3d 382 (2005)

790 N.Y.S.2d 607

SIDNEY LERNER, as Executor of SYLVIA LERNER, et al., Appellants, v. ELEANOR AYERVAIS, Respondent.

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

March 7, 2005.


Ordered that on the Court's own motion, Sidney Lerner, as executor of the estate of Sylvia Lerner, is substituted as an appellant in the place and stead of the deceased Sylvia Lerner, and the caption is amended accordingly; and it is further,

Ordered that the order is affirmed, with costs.

To avoid the adverse impact of a conditional order of preclusion, the defendant was required to demonstrate both a reasonable excuse for her failure to timely comply with...

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