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GROSSO v. ESTATE OF IRA L. GERSHENSON

33 A.D.3d 587 (2006)

822 N.Y.S.2d 150

CLAUDIA GROSSO et al., Appellants, v. ESTATE OF IRA L. GERSHENSON et al., Respondents.

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

Decided October 3, 2006.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff could not bring an action against the decedent's estate since no executor or administrator had been appointed. "An estate is not a legal entity and any action for or against the estate must be by or against the executor or administrator in his or her representative capacity" (100 W. 72nd St. Assoc. v Murphy, 144 Misc...

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