FERNANDA VELLO plf-ap, v. LIGA CHILEAN DE FUTBOL def-res, THE PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, ETC., NONPARTY. Asta & Associates, P.C., New York (Eliot S. Bickoff of counsel), for ap

3516. FERNANDA VELLO plf-ap, v. LIGA CHILEAN DE FUTBOL def-res, THE PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, ETC., NONPARTY. Asta & Associates, P.C., New York (Eliot S. Bickoff of counsel), for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Laura E. Dolan of counsel), for res — Order, Supreme Court, New York County (Robert D. Kalish, J.), entered October 28, 2015, which denied plaintiffs' motion pursuant to CPLR 1015(a) to substitute the "Public Administrator of New York County, as Administrator of the Estate of David Tagle, deceased d/b/a Liga Chilean de Futbol" as a named defendant in place of defendant Liga Chilean De Futbol, and granted defendants' cross motion to dismiss the action as against Liga Chilean De Futbol, unanimously affirmed, without costs.

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3516. FERNANDA VELLO plf-ap, v. LIGA CHILEAN DE FUTBOL def-res, THE PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, ETC., NONPARTY. Asta & Associates, P.C., New York (Eliot S. Bickoff of counsel), for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Laura E. Dolan of counsel), for res — Order, Supreme Court, New York County (Robert D. Kalish, J.), entered October 28, 2015, which denied plaintiffs’ motion pursuant to CPLR 1015(a) to substitute the “Public Administrator of New York County, as Administrator of the Estate of David Tagle, deceased d/b/a Liga Chilean de Futbol” as a named defendant in place of defendant Liga Chilean De Futbol, and granted defendants’ cross motion to dismiss the action as against Liga Chilean De Futbol, unanimously affirmed, without costs.

The infant plaintiff was injured when an inflatable ride collapsed during a festival sponsored by Liga Chilean de Futbol (Liga Chilean), which obtained a permit identifying David Tagle as its authorized agent. Plaintiffs thereafter commenced an action against Liga Chilean and Randall’s Island Sports Foundation, Inc. In their answer, defendants denied the allegations that Liga Chilean was a corporation, and they subsequently informed plaintiffs that Liga Chilean was not a business entity, but was a name used by David Tagle to do business, and that Tagle had died two months after the accident, which was before this action was commenced. Although plaintiffs successfully petitioned Surrogate’s Court to issue limited letters of administration to the Public Administrator so that the administrator could be substituted as a party, they never served the Public Administrator with any motion to either substitute or add the Public Administrator as a party before the statute of limitations elapsed (CPLR 203, 210[b], 214[5]).

FERNANDA VELLO plf-ap, v. LIGA CHILEAN DE FUTBOL def-res, THE PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, ETC., NONPARTY. Asta & Associates, P.C., New York (Eliot S. Bickoff of counsel), for ap

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