KROOSS v. MAUE


198 Misc. 397 (1950)

Elise Krooss, as Executrix of Herman Krooss, Deceased, Plaintiff, v. H. Peter Maue, Individually and as Executor of Florence K. Maue, Deceased, and John H. Krooss, Defendants.

Supreme Court, Special Term, Bronx County.

April 13, 1950.


Attorney(s) appearing for the Case

Samuel W. Phillips for John H. Krooss, defendant.

Hirleman, Vaughan & Ecker for John H. Krooss, as administrator.

Oliver E. Davis and Indursky & Neuthaler for H. Peter Maue, individually and as executor, defendant.


EDER, J.

Motion is denied. The action herein involves a dispute concerning real property. It was instituted by a mother, now deceased, against her son, John H. Krooss, one of the codefendants in this action, who now seeks leave to be substituted as the plaintiff in lieu of the named plaintiff who has died, and to continue the litigation.

The application presents an important question, viz., whether the movant, who is a defendant in this action...

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