Mazzeo v. Marrone

Appellate Division of the Supreme Court of New York

Mazzeo v. Marrone

46 A.D.2d 788, 360 N.Y.S.2d 709, 1974 N.Y. App. Div. LEXIS 3659

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

DecidedNovember 12, 1974

StatusPublished

Cited by2 cases

This text of 46 A.D.2d 788 (Mazzeo v. Marrone) 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

Mazzeo v. Marrone, 46 A.D.2d 788, 360 N.Y.S.2d 709, 1974 N.Y. App. Div. LEXIS 3659 (N.Y. Ct. App. 1974).

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Opinion

Judgment of the Supreme Court, Nassau County, entered June 13,1974, upon ¡a jury verdict, affirmed as to defendants Antoinette Marrone (sued as Antonette Marrone) and Rose Russo, with costs to defendant Antoinette Marrone against appellants. No opinion. Appeal as ¡to defendant Marco Passaxo dismissed, without costs, and without prejudice to such further proceedings as to him as the parties jmay be advised. It appears from the trial transcript that defendant Marco Passaro was deceased at the time of the trial. There is no indication in the record ¡that an executor or administrator of his estate was substituted as a party defendant. “ Under the circumstances, the judgment as to him is a nullity and the plaintiffs’ appeal from the judgment, insofar as it relates to him, must be dismissed” (Goldbard v. Kirehik, 20 A D 2d 725; Tracy v. Ludwig, 44 A D 2d 832). Shapiro, Acting P. J., ¡Cohalan, Christ, Brennan and Benjamin, JJ., concur.

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Judgment of the Supreme Court, Nassau County, entered June 13,1974, upon ¡a jury verdict, affirmed as to defendants Antoinette Marrone (sued as Antonette Marrone) and Rose Russo, with costs to defendant Antoinette Marrone against appellants. No opinion. Appeal as ¡to defendant Marco Passaxo dismissed, without costs, and without prejudice to such further proceedings as to him as the parties jmay be advised. It appears from the trial transcript that defendant Marco Passaro was deceased at the time of the trial. There is no indication in the record ¡that an executor or administrator of his estate was substituted as a party defendant. “ Under the circumstances, the judgment as to him is a nullity and the plaintiffs’ appeal from the judgment, insofar as it relates to him, must be dismissed” (Goldbard v. Kirehik, 20 A D 2d 725; Tracy v. Ludwig, 44 A D 2d 832). Shapiro, Acting P. J., ¡Cohalan, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

46 A.D.2d 788, 360 N.Y.S.2d 709, 1974 N.Y. App. Div. LEXIS 3659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzeo-v-marrone-nyappdiv-1974.

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