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Abramowitz v. Amer. Gen. Contracting Co.

Appellate Division of the Supreme Court of New York, First Department
May 29, 1997
239 A.D.2d 303 (N.Y. App. Div. 1997)

Opinion

May 29, 1997

Appeal from Supreme Court, New York County (Martin Schoenfeld, J.).


We find that defendant participated in the traverse with full knowledge of plaintiff's death, and accordingly waived any claim that the traverse was a nullity because it took place without a proper substitution of the deceased plaintiffs representative ( see, Nieves v. 331 E. 109th St. Corp., 112 A.D.2d 59, 60-61). Defendant's claim of prejudice as a result of the delay in substituting plaintiffs representative is improperly raised for the first time on appeal, and, in any event, without merit. Concerning the traverse, we agree with the motion court that the findings of the Special Referee are substantially supported by the record, and should be confirmed.

Concur — Murphy, P.J., Sullivan, Nardelli and Tom, JJ.


Summaries of

Abramowitz v. Amer. Gen. Contracting Co.

Appellate Division of the Supreme Court of New York, First Department
May 29, 1997
239 A.D.2d 303 (N.Y. App. Div. 1997)
Case details for

Abramowitz v. Amer. Gen. Contracting Co.

Case Details

Full title:DAVID ABRAMOWITZ, Respondent, v. AMERICAN GENERAL CONTRACTING CO.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 29, 1997

Citations

239 A.D.2d 303 (N.Y. App. Div. 1997)
658 N.Y.S.2d 24

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