FOLEY v. FOLEY

2015-12645. Index No. 12817/11.

151 A.D.3d 1018 (2017)

2017 NY Slip Op 05200

54 N.Y.S.3d 593

TERESA FOLEY, Respondent, v. MICHAEL FOLEY, Defendant. BENJAMIN FOLEY, Nonparty Appellant.

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

Decided June 28, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of the appellant, the Supreme Court providently exercised its discretion in granting those branches of the plaintiff's motion which were, in effect, pursuant to CPLR 1015 (a) and 1021 to substitute the appellant, as a co-executor of the estate of his late father, Michael Foley (hereinafter the decedent), as a defendant in this divorce action. The plaintiff successfully...

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