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LIAKOS v. SPENCER

Index Nos. 151419/13, 154283/14, 158943/15, 160305/15 Appeal No. 1287 Case No. 2023-02388.

222 A.D.3d 559 (2023)

203 N.Y.S.3d 2

2023 NY Slip Op 06596

Andrew Liakos, Plaintiff, v. Wilbert A. Spencer et al., Defendants. (And a Third-Party Action.) Andrew Liakos, Respondent, v. Robert Franklin, Defendant, and Mary Franklin, Appellant. (And Other Actions.)

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Sweetbaum & Sweetbaum, Lake Success (Joel A. Sweetbaum of counsel), for appellant.

DeColator, Cohen & DiPrisco LLP, Garden City (Carolyn M. Canzoneri of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered April 5, 2023, which denied defendant Mary Franklin's motion to vacate the court's January 10, 2023 order striking her answer for failure to comply with court orders and appear for three mandatory court conferences, unanimously affirmed, with costs.

The court had no jurisdiction over Robert Franklin based on his death two decades before the action was instituted and prior to the substitution of...

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