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Justice Schlesinger http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44398 PLAINTIFF’S HUSBAND fell to his death from an apartment having sliding exterior glass doors but lacking a balcony, platform or guard to prevent people from falling. Defendant sought dismissal of plaintiff’s wrongful death action sounding in negligence and violations of Multiple Dwelling Law §78, on the ground that she had not been issued ancillary letters of administration in New York nor had she been appointed personal representative of decedent’s estate. The court denied dismissal, finding that ancillary letters were not required because the wrongful death action was brought under Estates, Powers and Trusts Law §5-4.1 on behalf of the decedent’s distributees. Documents from the High Court of Justice of England and Wales convinced it that plaintiff was appointed to act as personal representative of her deceased husband’s estate. The court noted that defendant waited more than 16 months before contending that plaintiff lacked standing.

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