Appellate Division of the Supreme Court of the State of New York December 13, 2011 (Largo-Chicaiza v. Westchester Scaffold Equipment Corp.)

*717CPLR 1021 provides, in pertinent part, that “[i]f the event requiring substitution occurs before final judgment and substitution is not made within a reasonable time, the action may be dismissed as to the party for whom substitution should have been made, however, such dismissal shall not be on the merits unless the court shall so indicate.