Opinion
2003-1447 KC.
Decided May 20, 2004.
Appeal by defendants Janis R. Loresti and Jennifer R. Leclair, as limited by their brief, from an order of the Civil Court, Kings County (L. Baily-Schiffman, J.), entered on February 13, 2003, which, inter alia, granted that branch of plaintiffs' motion which sought to restore the case to the calendar.
Order unanimously affirmed without costs.
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
The infant plaintiff's death, after the commencement of the action for personal injuries, automatically stayed all further proceedings pending substitution of a representative (CPLR 1015; 1021; see Novaro v. Jomar Real Estate Corp., 283 AD2d 352). Under the circumstances, the usual prerequisites for restoration are not applicable.