Opinion
February 27, 1996
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
We agree with the IAS Court that plaintiff Public Administrator, who was appointed administrator of the decedents' estates because no member of either of their families was qualified to so serve, is a "nominal party", who neither knew the decedents nor had any connection with their families or the other parties to the action before his appointment. In these circumstances, his deposition cannot possibly lead to disclosure of any material and necessary facts ( see, Allen v Cromwell-Collier Publ. Co., 21 N.Y.2d 403, 406-407). There is no merit to defendants' argument that the Public Administrator's status as a party is sufficient to entitle them to his deposition.
Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Nardelli, JJ.