Opinion
Motion No. 2023-01866 Index No. 153086/22Case No. 2022-05442
06-08-2023
Eli Barzilai, Dominique Avery, Andrée Fischer and Ludwig Marum, Plaintiffs-Appellants, v. Israel Museum, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Acting Presiding Justice, Cynthia S. Kern Lizbeth González Manuel J. Mendez Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 14, 2022, and said appeal having been perfected, And plaintiffs-appellants having moved for an order substituting Werner Fischer, Tamara Fischer, and David Fischer, the proposed heirs of plaintiff Andrée Fischer, now deceased, as plaintiffs in his place and to amend the caption and all pleadings accordingly, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied, with leave to renew, upon proof that the proposed heirs are the legal successors or representatives of the estate of Andrée Fischer. The perfected appeal is, sua sponte, held in abeyance pending substitution of the deceased plaintiff Andrée Fischer.