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HAYDEN v. BROWN

2022-05931. Index No. 10701/04.

230 A.D.3d 657 (2024)

216 N.Y.S.3d 279

2024 NY Slip Op 04251

Dayzsha Hayden, Appellant, v. Ernestine Brown, Defendant.

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

Decided August 21, 2024.

Attorney(s) appearing for the Case

Arnold E. DiJoseph, P.C, New York, NY (Arnold E. DiJoseph III of counsel), for appellant.

A. Smith Law Group, LLP, New York, NY (Andrea J. Smith of counsel), former attorney for Ernestine Brown.

Connolly, J.P., Brathwaite Nelson, Christopher and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Genine D. Edwards, J.), dated July 6, 2022. The order granted the motion purportedly made on behalf of the deceased defendant, Ernestine Brown, pursuant to CPLR 1021 and 3126 to dismiss the complaint and denied the plaintiff's cross-motion, inter alia, in effect, to substitute the executor of the estate of Ernestine Brown in place of Ernestine Brown...

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