Opinion
Motion No. 3547 Motion No. 3653
12-08-2020
Carol E. Keller and Gail Shields, as Preliminary Executors of the Estate of Lois Weinstein, Plaintiffs-Respondents, v. Rita A. Sklar, Defendant-Appellant.
Present - Hon. Dianne T. Renwick, Justice Presiding, Ellen Gesmer Jeffrey K. Oing Anil C. Singh Manuel J. Mendez, Justices. Index No. 158613/15
Case No. 2018-22668
Appeals having been taken from from two orders of the Supreme Court, New York County, entered on or about December 18, 2018 and June 6, 2019, and said appeals having been perfected,
And plaintiffs-respondents having moved, pursuant to CPLR 1015 and 1021, to substitute Carol E. Keller and Gail Shields, as the preliminary executors of the Estate of Lois Weinstein, as plaintiffs-respondents and, pursuant to CPLR 3025 and 3026, to amend the caption accordingly (M-3547),
And defendant-appellant having cross moved to dismiss the underlying action with prejudice on the ground that there is no personal representative of plaintiff to continue the action (M-3653),
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that plaintiffs-respondents' motion is granted to the extent of substituting Carol E. Keller and Gail Shields, as preliminary executors of the Estate of Lois Weinstein, as plaintiffs-respondents in this action and amending the case caption as indicated above; the Clerk is directed to restore the appeal to the Court's Calendar with the amended caption (M-3547), and
It is further ordered that defendant-appellant's cross motion to dismiss the action is denied (M-3653). ENTERED: December 08, 2020
/s/
Susanna Molina Rojas
Clerk of the Court