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NOVARO v. JOMAR REAL ESTATE CORP.

283 A.D.2d 352 (2001)

725 N.Y.S.2d 543

JOSEPH A. NOVARO, Appellant, v. JOMAR REAL ESTATE CORP. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 29, 2001.

The death of defendant estate's executor precluded further proceedings against the estate, including the conference at which the case was marked off the calendar, until a successor was appointed (CPLR 1015, 1021). Thus, at least as against the estate, the ensuing CPLR 3404 dismissal of the action was a nullity (see, Nunez v Goodman, 264 A.D.2d 651), and the subsequent refusal to restore the action to the calendar was error as a matter...

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