Herrmann v. Herrmann — 157 N.Y.S. 1128

Majority

p. 1128

Florence HERRMANN, Appellant, v. George HERRMANN, H. Herrmann Lumber Company, and Rosa Herrmann, Defendants; Henry M. Susswein, as Adm'r, etc., and Oscar Herrmann, Respondents.

(Supreme Court, Appellate Division, First Department.

February 11, 1916.)

Headnote

Appeal from Special Term, New York County. The order appealed from denied a motion to revive the action against the administrator of the estate of a deceased defendant and to join the administrator and the heir and next of kin of the decedent as parties defendant.

The order appealed from should be reversed, in so far as it denies the motion to make Henry M. Susswein administrator, etc., a party defendant, and affirmed in so far as it denies the motion to make Oscar Herrmann a party defendant, and to the extent stated the motion is granted, with $10 costs and disbursements of this appeal to the appellant against the administrator. Settle order on notice.