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HUMPHRIES v. CONSOLIDATED EDISON CO. OF NY INC.

10216, 104148/97.

106 A.D.3d 634 (2013)

965 N.Y.S.2d 717

2013 NY Slip Op 3785

CATHERINE HUMPHRIES, as Executor of WILLIAM MISTOFSKY, Respondent, v. CONSOLIDATED EDISON CO. OF NY Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 28, 2013.

The court properly granted a nunc pro tunc substitution of petitioner, where she had been appointed executor of decedent's estate shortly after his death, retained the same counsel, and actively participated in the litigation before the Workers' Compensation Board and the court (cf. Griffin v Manning, 36 A.D.3d 530, 532 [1st Dept 2007]).

The court properly approved, nunc pro tunc...

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