Gorlitzer v. Wolffberg — 134 N.Y.S. 1133

Majority

p. 1133

GORLITZER v. WOLFFBERG.

(Supreme Court, Appellate Division, First Department.

March 29, 1912.)

Headnote

Appeal from Special Term, New York County. Action by Sigmund Gorlitzer against Solomon Wolffberg. From the granting of plaintiff’s motion to substitute Betty Wolffberg, as administratrix, in place of Solomon Wolffberg, deceased, the substituted defendant appeals. On motion, question certified to the Court of Appeals for a determination. See, also, 133 N. Y. Supp. 1123 . Jacob M. Guedalia, for the motion. Barnett L. Hollander, opposed.

This court on appeal affirmed the order appealed from, for the reasons stated by Mr. Justice Bischoff in Special Term. The question certified is: “Does the plaintiff’s cause of action survive the death of the sole defendant; it appearing that upon the trial of the action the complaint had been dismissed and judgment entered thereon, but on appeal to this court, after the death of the defendant, the judgment was reversed and a new trial ordered? ” Motion granted.