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SCHNAPP v. MILLER'S LAUNCH, INC.

57, 115059/08

135 A.D.3d 655 (2016)

24 N.Y.S.3d 606

2016 NY Slip Op 00599

WAYNE SCHNAPP, Appellant, et al., Plaintiff, v. MILLER'S LAUNCH, INC., Respondent.

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

Decided January 28, 2016.

Plaintiff Wayne Schnapp has advised this Court that his wife, plaintiff Joanne Schnapp, died during the pendency of this action. That notification is contained in his appellate brief, without any indication of when her death occurred. As of this date, there has been no substitution of a personal representive.

"If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution...

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