Commrade v. Commrade

26 A.D.2d 787, 1966 N.Y. App. Div. LEXIS 3495

This text of 26 A.D.2d 787 (Commrade v. Commrade) 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.

Bluebook
Commrade v. Commrade, 26 A.D.2d 787, 1966 N.Y. App. Div. LEXIS 3495 (N.Y. Ct. App. 1966).

Opinion

Motions made on behalf of husband plaintiff-respondent deceased, to dismiss wife defendant-appellant’s appeals denied. Since no representative of Ms estate has been appointed, there is no one who may act for the respondent deceased on the appeals. Cross motion by wife defendant-appellant to vacate judgment and dismiss plaintiff’s complaint or to compel plaintiff’s representative, etc., to seek appointment of legal representative and substitution 'and for other relief. Cross motion denied, without prejudice to application by said appellant, if she be so advised, in the Surrogate’s Court for the appointment of an administrator of her husband’s (the respondent’s) estate (see Surrogate’s Ct. Act, § 119) and subsequent motion for substitution of the admiMstrator as a party respondent. Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)
26 A.D.2d 787, 1966 N.Y. App. Div. LEXIS 3495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commrade-v-commrade-nyappdiv-1966.