Majority
p. 715Harold L. R. Thomas, Appellant, v. Rose Edith Des Anges Hawkins, as Administratrix, etc., of Henry L. Des Anges, Deceased, and Others, Respondents.
— Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The representative of the decedent’s estate is a necessary party to this action. (Potter v. Ellice, 48 N. Y. 321 .) The original representative having died, the new administrator should be substituted in her place as a defendant. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.
Cases cited
- Potter v. Ellice 48 N. Y. 321 p. 715