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DEA ORELLANA, as Administratrix of the Estate of LENA AGUAYO, Deceased, Respondent, v. JOSEPH (First Name Fictitious) MALEK, Appellant, et al., Defendant.

Order affirmed, with costs.

It was not an abuse of discretion for Special Term to order substitution. Appellant's motion to dismiss was made within a year of the plaintiff's death and within six months of the appointment of an administratrix (see, Rosenfeld v Hotel Corp., 20 N.Y.2d 25, 29). Furthermore, in the absence of a showing of prejudice to appellant, or placement upon the Trial Calendar, dismissal for failure to substitute in an action which had been pending for only about a year at the time the motion to dismiss was made was not warranted (see, Almo Serv. v Weisskopf, 58 A.D.2d 550; cf. Meier v Schively, 10 A.D.2d 566; Ruderman v Feffer, 10 A.D.2d 704; Hemphill v Rock, 87 A.D.2d 836). Gibbons, J.P., Thompson, Brown and Eiber, JJ., concur.

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ORELLANA v. MALEK
(Jan 13, 1986)