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MALDONADO v. ALTEMBURGER

1260, 301555/08.

66 A.D.3d 570 (2009)

886 N.Y.S.2d 598

2009 NY Slip Op 7507

LUIS A. MALDONADO, Respondent, v. DELORES A. ALTEMBURGER, as Administratrix of the Estate of JOSEPH P. ALTEMBURGER, Deceased, Appellant.

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

Decided October 22, 2009.

This is the second action brought by plaintiff to recover damages for injuries he allegedly sustained in a car accident. The first action was dismissed as a nullity, because the person who was named as the sole defendant had died before the action was commenced (see Maldonado v Law Off. of Mary A. Bjork, 64 A.D.3d 425 [2009]). This action must be dismissed because the named defendant is...

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