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Ulysse v. Jacques

Court is deprived of jurisdiction due to errors in motion to amend case caption.

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Judge Schack

ULYSSE and LABRE v. JACQUES — This action for damages, arising from a 1991automobile accident, has a long and tortured procedural history. The case was transferred from Supreme Court to Civil Court pursuant to CPLR §325(d) in 1999. In Civil Court, after numerous conferences, the case was set for trial. On July 11, 2001, counsel for defendant Flaherty reported to the court that his client died on September 3, 1997, almost four years earlier, and presented to the court the death certificate. Defendant Flaherty’s counsel was not aware of his client’s demise until shortly before notifying the court. Trial was stayed pending the appointment of a personal representative for the estate. Plaintiffs’ counsel, while attempting to have an administrator appointed for John Flaherty’s estate, discovered that letters of administration had been issued to the decedent’s daughter on July 28, 1998 (Exhibit E of plaintiffs’ motion).

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