EKAS v. CITY CAB CO. OF JAMESTOWN


203 Misc. 730 (1953)

Vesta Ekas, as Committee of the Property of William E. Hill, an Incompetent Person, and as Administrator of The Estate of Walter Hill, Deceased, Plaintiff, v. City Cab Company of Jamestown, New York, Inc., et al., Defendants.

Supreme Court, Special Term, Cattaraugus County.

January 15, 1953.


Attorney(s) appearing for the Case

Joseph Brownstein for City Cab Company of Jamestown, New York, Inc., defendant.

John P. McKenna for plaintiff.


VANDERMEULEN, J.

This is an action to recover damages for the wrongful death of plaintiff's decedent. The complaint alleges that death occurred on March 8, 1950, but the affidavit submitted in connection with the defendants' motion, sets forth the date of death as March 9, 1950.

For the purposes of discussing the motion under consideration, I will accept the later date of death, namely: March 9, 1950...

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