PDV (USA), INC. v. COBRIN


15 Misc.3d 937 (2007)

832 N.Y.S.2d 912

PDV (USA), INC., Plaintiff, v. COBRIN, GITTES & SAMUEL et al., Defendants.

Supreme Court, New York County.

March 29, 2007.


Attorney(s) appearing for the Case

Belkin, Burden, Wenig & Goldman, LLP, New York City (Orie Shapiro of counsel), for plaintiff.

Robert S. Gross, Yorktown Heights, for defendants.


OPINION OF THE COURT

LOUIS B. YORK, J.

This motion for a substitution of Peter Cobrin by Toby Cobrin, the executor of his estate, is granted. The cross motion to vacate the decision dismissing the second and fourth causes of action against all of the defendants is denied.

It is true that the death of a party to the action will generally stay any further activities in the case until there is a substitution of a representative of the estate for the...

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