Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion is denied, and the cross motion to dismiss the complaint is granted.
In 1990 the plaintiff's decedent, Donald J. Bauer, commenced the instant personal injury action against the defendant in connection with a 1987 construction accident. After the decedent's death in October 1997, his mother, Peggy Ruth Bowman Bauer, was appointed executrix of his estate in January...
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