X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.