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Abramowitz v. American General Contracting Co.
Citations: 239 A.D.2d 303; 658 N.Y.S.2d 24; 1997 N.Y. App. Div. LEXIS 5716
Court: Appellate Division of the Supreme Court of the State of New York; May 29, 1997; New York; State Appellate Court
The Supreme Court of New York County, under Justice Martin Schoenfeld, issued an order on May 26, 1995, which was partially affirmed on appeal. The court confirmed the Special Referee’s report that established personal jurisdiction over the defendant-appellant. Additionally, the plaintiff's administrator was permitted to substitute for the deceased plaintiff, and the defendant's motion to dismiss the complaint due to the alleged untimely substitution was denied. The court found that the defendant had engaged in the legal proceedings with full awareness of the plaintiff's death, thereby waiving any argument that the proceedings were invalid due to the lack of a proper substitution. The argument regarding prejudice from the delay in substitution was deemed improperly raised for the first time on appeal and was also found to lack merit. The court agreed with the motion court’s assessment that the Special Referee's findings were well-supported by the record, affirming the decision. The ruling was unanimous among the justices, including Murphy, P.J., Sullivan, Nardelli, and Tom, JJ.