Vilaca v Liberty Coca-Cola Beverages, LLC
2026 NY Slip Op 65392(U)
April 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Erica Vilaca, appellant,
v
Liberty Coca-Cola Beverages, LLC, et al., respondents.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 1, 2026
2026-00046, 613316/2021
Mark C. Dillon, J.P.
Paul Wooten
Lourdes M. Ventura
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated December 15, 2025. Motion by the respondents pursuant to CPLR 1021 to dismiss the appeal for failure to substitute a personal representative for the deceased appellant Erica Vilaca upon her death on December 5, 2021.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew upon proper papers, including proof of service upon all persons interested in the decedent's estate (see CPLR 1021), unless within 90 days of the date of this decision and order on motion, the former counsel for the deceased appellant Erica Vilaca files proof via NYSCEF that proceedings have been commenced to appoint a personal representative for the deceased appellant Erica Vilaca.
DILLON, J.P., WOOTEN, VENTURA and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court