LARGO-CHICAIZA v. WESTCHESTER SCAFFOLD EQUIPMENT CORP.

2011-05479.

90 A.D.3d 716 (2011)

934 N.Y.S.2d 354

2011 NY Slip Op 9098

JORGE LARGO-CHICAIZA, Plaintiff, v. WESTCHESTER SCAFFOLD EQUIPMENT CORP., Defendant, VERMONT SLATE ROOF CO. et al., Defendants/Third-Party Plaintiffs, CATHERINE McCAFFREY, as Executor of PETER B. McCAFFREY, Deceased, Defendant/Third-Party Plaintiff-Respondent, and SALVATORE SANZO, Defendant/Third-Party Defendant-Appellant.

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

Decided December 13, 2011.


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

CPLR 1021 provides, in pertinent part, that "[i]f the event requiring substitution occurs before final judgment and substitution is not made within a reasonable time, the action may be dismissed as to the party for whom substitution should have been made, however, such dismissal shall not be on the merits unless the court shall so indicate." "`CPLR 1021...

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