MALDONADO v. ALTEMBURGER

This is the second action brought by plaintiff to recover damages for injuries he allegedly sustained in a car accident. The first action was dismissed as a nullity, because the person who was named as the sole defendant had died before the action was commenced ( see Maldonado v Law Off. of Mary A. Bjork, 64 AD3d 425). This action must be dismissed because the named defendant is not the personal representative of the decedent's estate ( see id.; Marte v Graber, 58 AD3d 1, 3).

It does not avail plaintiff that defendant did not cooperate with him in his efforts to obtain the necessary documentation for a SCPA 1002 (1) petition for the appointment of an administrator. Plaintiff apparently failed to timely seek a court order to obtain the documentation.