Opinion
February 20, 1976
Appeal from the Erie Supreme Court.
Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ.
Order unanimously affirmed, without costs. Memorandum: The movant lacks standing to make the application on behalf of the estate of the deceased defendant (Hart v Goadby, 138 App. Div. 160, 164-165; Bonham v Coe, 249 App. Div. 428, 431; Kovner v Beer, 70 Misc.2d 739, affd on opn of Lupiano, J., 39 A.D.2d 880), and she may not collaterally attack the judgment. We do not adopt the reasons assigned by Special Term in denying the motion (see Barone v Cox, 51 A.D.2d 115, 117).