Opinion
November 2, 1959
Motion to substitute the executor for deceased party granted on default, without costs. Properly, the motion should have been made at Special Term ( Campbell v. Friedlander, 51 App. Div. 191; Schwartz v. Seamon, 178 Misc. 260). However, in view of the lack of opposition and the presence of the appeal on the calendar for November 6, 1959, the court, in its discretion, grants the motion.
Concur — Breitel, J.P., M.M. Frank, Valente, McNally and Stevens, JJ.