JORDAN v. CITY OF NEW YORK


23 A.D.3d 436 (2005)

807 N.Y.S.2d 595

SUZAN JORDAN, Respondent, v. CITY OF NEW YORK, Defendant, CONSTANTINOS VASSILARAS, Respondent, and JOHN HENDRICKS et al., Appellants.

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

November 14, 2005.


Ordered that the appeal purportedly taken by the defendant John Hendricks is dismissed on the ground that the order is a nullity as against that defendant, as that defendant died before the commencement of this action, the portion of the order which denied that branch of the motion purportedly made by the deceased defendant is vacated, and the complaint and the cross claim of the defendant Constantinos Vassilaras insofar as asserted against the defendant John Hendricks is...

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