PAYNE v. EVANS


29 A.D.2d 827 (1968)

Clarence D. Payne et al., Doing Business as Payne Construction Company, et al., Respondents, v. Beth T. Evans, as Administratrix of The Estate of Julia Evans, Deceased, Appellant

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

February 15, 1968


Judgment and order unanimously reversed, without costs, and motion denied.

Memorandum:

The defendant-appellant died August 13, 1967 and Beth T. Evans was appointed administratrix of her estate December 12, 1967. Thereafter the administratrix was duly substituted as a party in the place and stead of the deceased. It was conceded upon the argument of the appeal, and the concession is supported by an examination of the transcript in the appendix, that the examination...

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