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FEDERICI JR. v. METROPOLIS NIGHT CLUB, INC.

48 A.D.3d 741 (2008)

853 N.Y.S.2d 160

ANTHONY FEDERICI, JR., et al., Respondents, v. METROPOLIS NIGHT CLUB, INC., et al., Defendants, and ANDREA PROVENZANO, Appellant. (And a Third-Party Action.)

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

Decided February 26, 2008.

Ordered that the order is affirmed, with costs.

In a prior order dated September 13, 2006, the Supreme Court granted the plaintiffs' motion pursuant to CPLR 1015 (a) to substitute Andrea Provenzano, as executrix of the estate of John Provenzano (hereinafter the estate), in the place and stead of the named defendant John Provenzano. This order also directed the estate to file an answer with leave to assert any and all affirmative...

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