Opinion
156137/2015
11-21-2018
Marco MARTINEZ, Plaintiff, v. 560 WEST 165TH STREET ASSOCIATES, L.P., Volunteers of America - Greater New York, Inc., Defendant.
For Defendants, Morrison Mahoney LLP, 120 Broadway, Suite 1010, New York, NY 10271, By: DENNIS P. KISYK, Esq. For Plaintiff, No Attorney of Record
For Defendants, Morrison Mahoney LLP, 120 Broadway, Suite 1010, New York, NY 10271, By: DENNIS P. KISYK, Esq.
For Plaintiff, No Attorney of Record
Robert R. Reed, J.
This motion is denied for failure to effectuate proper service. When a motion for substitution, pursuant to CPLR 1021, is made by a party other than the estate of the decedent, as, for example, here, where the defendants move for substitution in the case of a deceased plaintiff, the order to show cause must be served on the decedent's potential representative(s) with all the formalities that CPLR Article 3 prescribes for service of process (see, e.g. , Horseman Antiques, Inc. v. Huch , 50 AD3d 963 ). Here, service of this order to show cause on the decedent's potential representatives by regular mail was insufficient.
Accordingly, it is hereby
ORDERED that this motion is denied for lack of proper service; and it is further
ORDERED that defendants are directed to effectuate personal service, by order to show cause, on the decedent's potential representatives.