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Schweers v. Schweers

Appellate Division of the Supreme Court of New York, First Department
May 16, 1972
39 A.D.2d 679 (N.Y. App. Div. 1972)

Opinion

May 16, 1972


Appeal from order, Supreme Court, Bronx County, entered August 6, 1970, denying plaintiffs-appellants' motion to punish the defendant-respondent for contempt, shall be held in abeyance for a period of 90 days from the date of entry of the order entered herein. The court may not proceed to a determination of the appeal on the merits by reason of the death of the defendant-respondent prior to the submission of the appeal. Application is to be made at Special Term, Bronx County, for the substitution of an executor or administrator for the defendant-respondent. If a personal representative shall not have been appointed and substituted for the defendant-respondent within 90 days, the appeal will be dismissed. ( Thompson v. Raymond Kramer, Inc., 23 A.D.2d 746; Price v. Booth, 21 A.D.2d 680; CPLR 1015, 1021.)

Concur — Stevens, P.J., McGivern, Steuer, Tilzer and Eager, JJ.


Summaries of

Schweers v. Schweers

Appellate Division of the Supreme Court of New York, First Department
May 16, 1972
39 A.D.2d 679 (N.Y. App. Div. 1972)
Case details for

Schweers v. Schweers

Case Details

Full title:FRED SCHWEERS et al., Appellants, v. BRIDGET SCHWEERS, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 16, 1972

Citations

39 A.D.2d 679 (N.Y. App. Div. 1972)

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