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STOLZ v. NEW YORK CENT. R. R. CO.

6 A.D.2d 643 (1958)

Agnes V. Stolz, as Administratrix of The Estate of Henry G. Stolz, Appellant, v. New York Central Railroad Company, Respondent

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

December 2, 1958.

Attorney(s) appearing for the Case

Benjamin S. Wolman (Medwin, Tabner & Carlson and John R. Davison of counsel), for appellant.

Whalen, McNamee, Creble & Nichols (Earl H. Gallup, Jr., of counsel), for respondent.

BERGAN, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

FOSTER, P. J.

Plaintiff appeals from an order and judgment of the Supreme Court which dismissed the complaints in this consolidated action without prejudice to the commencement of a new action by an administrator validly appointed as such. There is also an appeal from an order denying plaintiff's motion to amend the order and judgment dismissing the complaints. This motion was apparently made to avoid the Statute...

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