PFLEUGER v. PFLEUGER


278 A.D. 247 (1951)

Martha L. Pfleuger, as Administratrix of The Estate of Herbert A. Pfleuger, Deceased, Respondent, v. Mabel G. Pfleuger, as Administratrix of The Estate of Herbert E. Pfleuger, Deceased, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 16, 1951.


Attorney(s) appearing for the Case

Edward H. Kavinoky and William J. Brock for respondent.

Franklin R. Brown and Frank A. Pfalzer for Ralph R. Marks and Pontiac Auto Transport Co., appellants.

Kimball, Smith, Miller, Murphy & Roberts for Mabel G. Pfleuger, as Administratrix of the Estate of Herbert E. Pfleuger, deceased, appellant.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.


VAUGHAN, J.

The questions presented by this appeal require us to determine (1) the sufficiency of the complaint considered in the light of section 344-a of the Civil Practice Act which permits any trial or appellate court in its discretion to take judicial notice of "1. A law, statute * * * of a sister state" and further provides "D. The failure of either party to plead any matter of law specified in the section...

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