Martinez v 560 W. 165th St. Assoc., L.P.

[*1] Martinez v 560 W. 165th St. Assoc., L.P. 2018 NY Slip Op 51677(U) Decided on November 21, 2018 Supreme Court, New York County Reed, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 21, 2018
Supreme Court, New York County

Marco Martinez, Plaintiff,

against

560 West 165th Street Associates, L.P., VOLUNTEERS OF AMERICA - GREATER NEW YORK, INC., Defendant.



156137/2015



For Defendants

Morrison Mahoney LLP

120 Broadway, Suite 1010

New York, NY 10271

By: DENNIS P. KISYK, Esq.

For Plaintiff

No Attorney of Record
Robert R. Reed, J.

This motion is denied for failure to effectuate proper service. When a motion for substitution, pursuant to CPLR 1021, is made by a party other than the estate of the decedent, as, for example, here, where the defendants move for substitution in the case of a deceased plaintiff, the order to show cause must be served on the decedent's potential representative(s) with all the formalities that CPLR Article 3 prescribes for service of process (see, e.g., Horseman Antiques, Inc. v. Huch, 50 AD3d 963). Here, service of this order to show cause on the decedent's [*2]potential representatives by regular mail was insufficient.

Accordingly, it is hereby

ORDERED that this motion is denied for lack of proper service; and it is further

ORDERED that defendants are directed to effectuate personal service, by order to show cause, on the decedent's potential representatives.

11/21/2018

ROBERT R. REED, J.S.C.