Absmeier v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of New York

Absmeier v. United States Fidelity & Guaranty Co.

45 A.D.2d 856, 358 N.Y.S.2d 534, 1974 N.Y. App. Div. LEXIS 4388

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1974

StatusPublished

Cited by2 cases

This text of 45 A.D.2d 856 (Absmeier v. United States Fidelity & Guaranty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Absmeier v. United States Fidelity & Guaranty Co., 45 A.D.2d 856, 358 N.Y.S.2d 534, 1974 N.Y. App. Div. LEXIS 4388 (N.Y. Ct. App. 1974).

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Opinion

Order of the Supreme Court, Suffolk County, dated December 26, 1973, affirmed, without costs. We note, however, that plaintiff died on May 21, 1971 and that the Public Administrator of Suffolk County has obtained an order substituting himself as the party plaintiff nunc pro tunc as of August 23, 1971. In our opinion this substitution nunc pro tunc cures any jurisdictional defect arising from the failure to obtain substitution of the personal representative of the deceased plaintiff prior to the making of the motion which resulted in the order now under review. Gulotta, P. J., Martuscello, Latham, Shapiro and Cohalan, JJ., concur.

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Order of the Supreme Court, Suffolk County, dated December 26, 1973, affirmed, without costs. We note, however, that plaintiff died on May 21, 1971 and that the Public Administrator of Suffolk County has obtained an order substituting himself as the party plaintiff nunc pro tunc as of August 23, 1971. In our opinion this substitution nunc pro tunc cures any jurisdictional defect arising from the failure to obtain substitution of the personal representative of the deceased plaintiff prior to the making of the motion which resulted in the order now under review. Gulotta, P. J., Martuscello, Latham, Shapiro and Cohalan, JJ., concur.

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45 A.D.2d 856, 358 N.Y.S.2d 534, 1974 N.Y. App. Div. LEXIS 4388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/absmeier-v-united-states-fidelity-guaranty-co-nyappdiv-1974.

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