Lemma v. Laurino

Appellate Division of the Supreme Court of New York

Lemma v. Laurino

235 A.D. 628, 254 N.Y.S. 1058

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

DecidedJanuary 15, 1932

StatusPublished

Cited by1 cases

This text of 235 A.D. 628 (Lemma v. Laurino) 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

Lemma v. Laurino, 235 A.D. 628, 254 N.Y.S. 1058 (N.Y. Ct. App. 1932).

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Opinion

Order reversed on the law and the facts, without costs, and motion denied, without costs. We are of opinion that the plaintiff should have been given a reasonable opportunity to make an application for the appointment of an executor or administrator of the estate of the deceased defendant before canceling the notice of pendency of action pursuant to section 123 of the Civil Practice Act. (See Civ. Prac. Act, § 85.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Order reversed on the law and the facts, without costs, and motion denied, without costs. We are of opinion that the plaintiff should have been given a reasonable opportunity to make an application for the appointment of an executor or administrator of the estate of the deceased defendant before canceling the notice of pendency of action pursuant to section 123 of the Civil Practice Act. (See Civ. Prac. Act, § 85.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

235 A.D. 628, 254 N.Y.S. 1058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemma-v-laurino-nyappdiv-1932.

Opinion

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