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PATERNO v. CYC, LLC

46 A.D.3d 788 (2007)

850 N.Y.S.2d 131

CAROL L. PATERNO, Respondent, v. CYC, LLC, et al., Defendants, and CHAZEN ENGINEERING & LAND SURVEYING CO. et al., Appellants.

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

Decided December 18, 2007.

Ordered that the order is affirmed, with costs.

This action was commenced by Michael J. Paterno and Carol L. Paterno. On July 9, 2005, during the pendency of this action, Michael J. Paterno died. On July 29, 2005 the plaintiff Carol L. Paterno (hereinafter the plaintiff) filed a note of issue. The plaintiff, however, did not move pursuant to CPLR 1021 to have a personal representative substituted for Michael J. Paterno until November 23, 2005. On December 20, 2005...

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