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CLARK v. CUNNINGHAM

26 A.D.2d 715 (1966)

Hugh Clark, Appellant-Respondent, v. Thomas Cunningham et al., Doing Business as Fay's Inn, Respondents-Appellants, and Asphalt Stone Products, Inc., Respondent

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

July 1, 1966

AULISI, J.

Defendants Cunningham appeal from that part of the same order which granted the motion to remove the deceased plaintiff's action against them from the Deferred Calendar to the Day Calendar. Before plaintiff's death on November 4, 1961 his actions against both defendants were consolidated. On March 3, 1963, no personal representative as yet having been appointed for deceased, an order issued abating the action should no personal representative...

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