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Devine v. Sluck

Defendants Not Prejudiced by Plaintiff's Delay in Seeking Substitution of Estate

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DECISION AND ORDER

*1 Plaintiff Rae E. Clarke (hereinafter decedent) was the owner of certain real property located at 72 Indiana Avenue in the Town of Queensbury, Warren County. She resided there with her daughter and caretaker, plaintiff Yvonne Devine (hereinafter plaintiff). In November 2014, Devine hired defendant Steve Bonhote — doing business as Precision Construction — to perform certain renovations to the property. Plaintiffs were not satisfied with these renovations and, in September 2015, commenced this action for breach of contract and unjust enrichment. Issue was subsequently joined and limited discovery exchanged. Decedent then passed away on March 14, 2016. Between April 2016 and April 2017, counsel for defendants — Kostas D. Leris, Esq. of Napierski, VanDenburgh, Napierski & O’Connor, LLP — sent seven letters to then counsel for

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