Luis Maldonado was injured in a car accident, but by the time he filed his case, the driver of the other vehicle passed away.
Maldonado sued the driver's surviving spouse, thinking she was the administrator of the driver's estate. When he found out that wasn't the case, he named the law firm which had been assigned the matter (by the deceased driver's insurance company).
After the Bronx County Supreme Court denied a request to dismiss the complaint brought against the lawyers, an appeal to the Appellate Division, First Department, followed.
Since you can't bring a case against a dead person -- an administrator or executor must be sued in the decedent's place and stead -- the AD1 was of the view the lawsuit was a "nullity" and that the Supreme Court lacked the power to hear the matter.
Is Maldonado dead?
To view a copy of the Appellate Division's decision, please use this link: Maldonado v Law Off. of Mary A. Bjork