Matter of New York City Asbestos Litig.

George Andrucki and his wife served on the Port Authority’s World Trade Center a notice of claim for personal injury from asbestos. Andrucki later died of his injuries, and his widow became his administratrix. Mrs. Andrucki did not serve a new notice of claim but amended the existing complaint to substitute herself as plaintiff. The amended complaint continued Andrucki’s personal injury action, which became a survivorship claim, and added a claim for wrongful death. Mrs. Andrucki then filed a supplemental summons to add the Port Authority as a defendant in the lawsuit. The Port Authority moved to dismiss the claims against it, asserting that Mrs. Andrucki failed to satisfy the conditions precedent to the bringing of the action. Supreme Court denied the motion to dismiss and entered a default judgment against the Port Authority. The Appellate Division reversed, concluding that Mrs. Andrucki should have served on the Port Authority a new notice of claim concerning the wrongful death and survivorship actions. The Court of Appeals reversed, holding that Andrucki’s death did not require service of a new notice of claim. View "Matter of New York City Asbestos Litig." on Justia Law