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HEMMINGS v. ROLLING FRITO-LAY SALES, LP

2021-01173. Index No. 700360/13.

220 A.D.3d 754 (2023)

197 N.Y.S.3d 561

2023 NY Slip Op 05125

Dorothy Hemmings, Plaintiff, v. Rolling Frito-Lay Sales, LP, et al., Respondents. Reginald Elliot Hemmings, as Administrator of the Estate of Dorothy Hemmings, Deceased, Nonparty Appellant.

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

Decided October 11, 2023.

Attorney(s) appearing for the Case

Law Offices of Michael S. Lamonsoff, PLLC, New York, NY ( Stacey Haskel of counsel), for nonparty-appellant.

Richard M. Hunter, PLLC, Hawthorne, NY, for respondents.

Duffy, J.P., Miller, Wooten and Wan, JJ., concur.

In an action to recover damages for personal injuries, nonparty Reginald Elliot Hemmings, as administrator of the estate of Dorothy Hemmings, deceased, appeals from an order of the Supreme Court, Queens County (Pam Jackman Brown, J.), entered February 10, 2021. The order denied his motion to lift a stay of the action imposed due to the death of the plaintiff, Dorothy Hemmings, to substitute himself as the party plaintiff in place of Dorothy Hemmings, and to amend the caption...

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