Lemma v. Laurino

Order reversed on the law and the facts, without costs, and motion denied, without costs. We are of opinion that the plaintiff should have been given a reasonable opportunity to make an application for the appointment of an executor or administrator of the estate of the deceased defendant before canceling the notice of pendency of action pursuant to section 123 of the Civil Practice Act. (See Civ. Prac. Act, § 85.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.