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ROSENBAUM v. DALE FACTORS CORP.

19 A.D.2d 604 (1963)

Irving Rosenbaum, Appellant, v. Dale Factors Corp. et al., Respondents

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

June 18, 1963

Order, entered on August 16, 1961, unanimously affirmed, without costs. The action, which appears to have been commenced before the death of the plaintiff, was not dismissed by said order. The order, however, properly struck the complaint inasmuch as it was not served until after the death of the plaintiff.

It was proper also to deny the motion to substitute the administratrix as party plaintiff in that it does not appear...

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