Bachman v. Pendleton — 150 N.Y.S. 1074

Majority

p. 1074

BACHMAN et al., Appellants, v. PENDLETON, Respondent.

(Supreme Court, Appellate Division, Second Department.

December 11, 1914.)

Headnote

Action by Frank H. Bachman and others against Adelaide Elizabeth Pendleton, as administratrix, etc.

Order reversed, with $10 costs and disbursements, and motion denied, unless within 10 days defendant stipulate, as a condition of granting the amendment, that she will at the trial file a written waiver of the provisions of section 829 of the Code of Civil Procedure, so that the plaintiffs, or either of them, shall be permitted to testify in like manner as if Nathaniel G. Pendleton were then living, and, if defendant so stipulate, then the order is affirmed, without costs.

JENKS, P. J., takes no part.