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COSGROVE v. WEIERMAN

4 Misc.2d 798 (1956)

Thomas F. Cosgrove, Plaintiff, v. Albert Weierman, Defendant.

Supreme Court, Special Term, Richmond County.

October 1, 1956.

Attorney(s) appearing for the Case

Thomas Schleier for plaintiff.

Hartsell, Harrington & Jacobs for Elizabeth M. Weierman, as executrix, appearing specially.

EDWARD G. BAKER, J.

Motion denied. The accident having occurred in New Jersey, section 52 of the Vehicle and Traffic Law has no application. There is no authority, statutory or otherwise, for continuing this action in personam against decedent's nonresident executrix. (McMaster v. Gould, 240 N.Y. 379; Bennett v. Harrisville Combing Mills, 204 Misc. 279.) In Leighton v. Roper (300...

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