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Foote v. Leary

131 A.D. 891 Court N.Y. App. Div. English

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p. 891
Elizur V. Foote, as Executor, etc., of Edward S. Stokes, Deceased, Respondent, v. Mary C. Leary, as Administratrix, etc., of James D. Leary, Deceased, and Daniel J. Leary, Defendants. William C. Reid, Appellant.

Headnote

Appeal from an order of the New York Special Term, entered on the 11th day of January, 1909, denying the appellant’s motion to be substituted as plaintiff.

The order should be modified by providing that the appellant be made a party defendant, and as such be permitted to serve such answer as he may be advised. As so modified the order should bo affirmed, without costs to. either party. Present—Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as indicated in opinion and as modified affirmed, without costs. Settle order on notice.