BERLIN v. GOLDBERG


48 Misc.2d 1073 (1966)

Harry Berlin et al., Plaintiffs, v. Joseph Goldberg, Defendant.

Civil Court of the City of New York, New York County.

January 26, 1966


Attorney(s) appearing for the Case

Julius Haimowitz for plaintiffs. E. Edan Spencer for defendant.


MILLARD L. MIDONICK, J.

That part of plaintiffs' motion to amend the caption of the action substituting Shirley Berlin as executrix of the estate of Abraham Ash in place of Abraham Ash is granted without opposition.

In respect to that part of the motion to amend the complaint to add a fifth cause of action for wrongful death of Abraham Ash, a novel problem is squarely presented: whether the Statute of Limitations can be satisfied by relating back...

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