| Martinez v 560 W. 165th St. Assoc., L.P. |
| 2018 NY Slip Op 51677(U) [61 Misc 3d 1222(A)] |
| Decided on November 21, 2018 |
| Supreme Court, New York County |
| Reed, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Marco Martinez,
Plaintiff,
against 560 West 165th Street Associates, L.P., VOLUNTEERS OF AMERICA - GREATER NEW YORK, INC., Defendant. |
This motion is denied for failure to effectuate proper service. When a motion for substitution, pursuant to CPLR 1021, is made by a party other than the estate of the decedent, as, for example, here, where the defendants move for substitution in the case of a deceased plaintiff, the order to show cause must be served on the decedent's potential representative(s) with all the formalities that CPLR Article 3 prescribes for service of process (see, e.g., Horseman Antiques, Inc. v. Huch, 50 AD3d 963). Here, service of this order to show cause on the decedent's [*2]potential representatives by regular mail was insufficient.
Accordingly, it is hereby
ORDERED that this motion is denied for lack of proper service; and it is further
ORDERED that defendants are directed to effectuate personal service, by order to show cause, on the decedent's potential representatives.