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RANDALL v. TWO BRIDGES ASSOC. LTD. PARTNERSHIP

764, 115766/08, 590106/11.

139 A.D.3d 435 (2016)

30 N.Y.S.3d 624

2016 NY Slip Op 03456

JAMES RANDALL, Plaintiff, v. TWO BRIDGES ASSOCIATES LIMITED PARTNERSHIP et al., Respondents. TWO BRIDGES ASSOCIATES LIMITED PARTNERSHIP, Third-Party Plaintiff-Respondent, v. TWO BRIDGES TOWNHOUSE CONDOMINIUM, Third-Party Defendant-Respondent. DAVID CHEVERIE, Nonparty Appellant.

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

Decided May 3, 2016.

The argument that defendants' cross motions were procedurally defective was not preserved (Rose v Frankel, 83 A.D.3d 607, 607-608 [1st Dept 2011]). In any event, the motion court erred in granting the cross motions based on the failure to move to substitute Sonya Randall (decedent's wife and administrator of his estate) as plaintiff within a reasonable time after decedent's death in 2010 (see CPLR 1021). Although decedent...

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