Tournier v. Linden General, Inc.

Appellate Division of the Supreme Court of New York

Tournier v. Linden General, Inc.

26 A.D.2d 576, 271 N.Y.S.2d 445, 1966 N.Y. App. Div. LEXIS 3958

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

DecidedJune 20, 1966

StatusPublished

This text of 26 A.D.2d 576 (Tournier v. Linden General, Inc.) 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

Tournier v. Linden General, Inc., 26 A.D.2d 576, 271 N.Y.S.2d 445, 1966 N.Y. App. Div. LEXIS 3958 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal injury, medical expenses and loss of services, plaintiffs appeal from an order of the Supreme Court, Kings County, entered J une 16, 1965, which opened defendants’ default in appearing for trial and restored the action to the Trial Calendar on stated conditions. Appeal dismissed insofar as it relates to defendant Diamond, without costs. Order affirmed insofar as it relates to the corporate defendant, without costs (CPLR 321, subd. [e]). It appears that after defendants moved to vacate their default, but prior to the decision or order of the court thereon, defendant Diamond died. There has been no substitution for him by a representative of his estate. The notice of appeal, insofar as it purports to be directed to him, is void and cannot bring the appeal as to him before this court (cf. Chimenti v. Hertz Corp., 25 A D 2d 562; Speier v. St. [577]*577Francis Church, 3 A D 2d 732). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury, medical expenses and loss of services, plaintiffs appeal from an order of the Supreme Court, Kings County, entered J une 16, 1965, which opened defendants’ default in appearing for trial and restored the action to the Trial Calendar on stated conditions. Appeal dismissed insofar as it relates to defendant Diamond, without costs. Order affirmed insofar as it relates to the corporate defendant, without costs (CPLR 321, subd. [e]). It appears that after defendants moved to vacate their default, but prior to the decision or order of the court thereon, defendant Diamond died. There has been no substitution for him by a representative of his estate. The notice of appeal, insofar as it purports to be directed to him, is void and cannot bring the appeal as to him before this court (cf. Chimenti v. Hertz Corp., 25 A D 2d 562; Speier v. St. [577]*577Francis Church, 3 A D 2d 732). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 576, 271 N.Y.S.2d 445, 1966 N.Y. App. Div. LEXIS 3958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tournier-v-linden-general-inc-nyappdiv-1966.