WINBUSH v. CITY OF MOUNT VERNON


282 A.D. 749 (1953)

Mary Winbush, Individually and as Administratrix of The Estate of Viola Winbush, Deceased, et al., Respondents, v. City of Mount Vernon, Appellant, et al., Defendants

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

June 29, 1953.


Order modified on the law by striking the ordering paragraphs therefrom and by substituting in lieu thereof provisions granting the motion to dismiss as to the first cause of action and granting the motion to amend the notice of claim so as to include the name and address of the public administrator, and as so modified order affirmed, without costs.

The notice as served stated it was on behalf of the female plaintiff and on behalf of next of kin, who were named, and...

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