HEYWARD v. DIEGO BEEKMAN MUTUAL HOUSING ASSOCIATION HDFC, ET AL
Plaintiff was a resident of an apartment owned by the defendants. Due to some issue with the oven in her apartment, the house suddenly filled with smoke, and she was hospitalized for smoke inhalation. During discovery, plaintiff died, unrelated to this accident. Plaintiff’s counsel was unable to find a member of her family willing to become the Administrator of the Estate, and the case remained stayed. BB&H brought an Order to Show Cause seeking to dismiss the case pursuant to CPLR §1021 for failure to substitute for the deceased plaintiff. After oral argument (virtual), the Court granted the motion and dismissed the case.