Nachshen v. BPP ST Owner LLC
- Vyskocil
- 1:18-cv-10994-JPC
- U.S. District Court · Southern District of New York
- 2
In Nachshen v. BPP ST Owner LLC, Judge Vyskocil granted an extension to seek substitution for deceased plaintiff Steven Nachshen.
Steven Nachshen’s estate and the parties to the action, because the court extended the time to seek substitution and required a status update about the estate representative’s appointment.
What happened
In Steven Nachshen v. BPP ST Owner LLC and Citibank, N.A., Nachshen’s lawyers told the court that he had died and that Louise Nachshen would become administrator of his estate. She intended to continue the case on his behalf, but her appointment was still pending.
The lawyers asked for more time to file a motion replacing Nachshen with the estate’s representative. They cited delays in New York County Surrogate’s Court and also argued that the 90-day deadline had not yet begun because an earlier notice of death was allegedly invalid and did not identify an estate representative.
Judge Mary Kay Vyskocil granted the request for an extension. The court ordered a status letter by June 7, 2021, about the appointment process.
The detailed version
- Nachshen v. BPP ST Owner LLC · No. 1:18-cv-10994-JPC
- Vyskocil
- May 6, 2021
Background
Steven Nachshen’s lawyers stated that Nachshen had died. They reported that Louise Nachshen would become the administrator of his estate and had filed a petition for letters of administration in New York State Surrogate’s Court in New York County. The lawyers said Louise Nachshen intended to continue the action on Nachshen’s behalf.
Request
The lawyers asked the court to extend the time to file a motion for substitution while the Surrogate’s Court considered Louise Nachshen’s appointment. A substitution motion would seek to replace the deceased plaintiff with the estate’s representative. The lawyers cited delays they attributed to increased filings during the COVID-19 pandemic. They also argued that the 90-day period for filing a substitution motion had not begun because an earlier notice of death was not valid and did not identify an estate representative.
Ruling
Judge Mary Kay Vyskocil granted the request for an extension of time to move for substitution. The court ordered that a status letter be filed by June 7, 2021. The text provided does not state the court’s ruling on the underlying claims in the action.
Effect
The order extended the time for addressing substitution of a representative for Nachshen’s estate. It did not decide the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.