Order unanimously reversed, with $25 costs and disbursements and motion denied, with $10 costs.
Memorandum:
The trial court erred in directing that Marian Nichols, individually and as executrix, be dropped as a party plaintiff. Such relief could have been granted only upon a showing that the joinder might operate to the prejudice of the moving party and the burden of showing such prejudice was on the latter (2 Carmody-Wait, New York Practice, § 42, p...
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