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Foote v. Leary

115 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1909-03-05 English

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p. 1121
FOOTE v. LEARY et al.
(Supreme Court, ¡Appellate Division. First Department.
March 5, 1909.)

Headnote

Appeal from Special Term, New (York County. Action by Elizur Y. Foote, as ¡executor of Edward S. Stokes, against Mary 'C. Leary, as administratrix of James D. Leary,' and another. From an order denying a motion to be substituted as plaintiff, William C. Reid appeals. Modified and affirmed. Pierre H. ¡Brown, for appellant. Richard E. Dwight, for respondents.

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 be affirmed, without costs to either party.