Golia v. Golia
Cases that cite this one
4 later published cases cite this decision.
- Commerce Commercial Leasing, LLC v. PIO Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Tiralongo v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- O'Garro v. Bailey (Appellate Division of the Supreme Court of New York 2003)
- Zito v. City of New York (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, Lydia Golia, as personal representative of the deceased defendant, Giovanni Golia, appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated October 3, 2000, which denied the motion purportedly made by the deceased defendant to dismiss the complaint and granted the plaintiffs unopposed cross motion to substitute Lydia Golia, the deceased defendant’s widow, for the deceased defendant.
That portion of the order which denied the motion purportedly made by the deceased defendant is a nullity and must be vacated. Further, the purported appeal from that portion of the order must be dismissed (see, Bluestein v City of New York, 280 AD2d 506). The appeal from so much of the order as granted the plaintiffs cross motion to substitute the deceased’s widow for the deceased defendant must also be dismissed, since the cross motion was granted without opposition (see, CPLR 5511; Katz v Katz, 68 AD2d 536). Santucci, J. P., Goldstein, Luciano and Adams, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.