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FLEURY v. EDWARDS

14 N.Y.2d 334 (1964)

Frances Fleury, as Administratrix of The Estate of Joseph Fleury, Deceased, Appellant, v. Morris Edwards, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

John A. Bonomi for appellant.

Andrew J. Cook, Jr., and Vernon Murphy for respondent.

Judges DYE, VAN VOORHIS, BURKE and SCILEPPI concur with Chief Judge DESMOND; Judge FULD concurring in a separate opinion in which all concur; Judge BERGAN taking no part.

Chief Judge DESMOND.

The suit was brought by Joseph Fleury, plaintiff's intestate, to recover damages for personal injuries sustained by him in a collision of automobiles, one driven by him and the other by defendant's wife. About 17 months after the accident Joseph Fleury died from his injuries and his wife as administratrix was substituted as plaintiff. Meanwhile, however, the injured man had testified at a...

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