Majority
p. 959Charles W. Lee, Respondent, v. The Equitable Life Assurance Society of the United States, Defendant, Impleaded with Gilbert S. Reynolds, as Administrator, etc., of Charles Earle Lee, Deceased, Appellant.
Order affirmed, with ten dollars costs and disbursements, without considering the question of the right of the foreign administrator to be made a party to the action. (See Flandrow v.
p. 960
Hammond, 13 App. Div. 325 , and cases therein cited.) All concurred, except Kruse, J., who dissented upon the ground that the answer cannot be stricken out ■on this motion.
Cases cited
- Flandrow v. Hammond 13 App. Div. 325 p. 960