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  5. 33 A.D.2d 119 (1969)
 

PALMER v. N. Y. C. TR. AUTH.

33 A.D.2d 119 (1969)

Mary J. Palmer, as Administratrix of The Estates of Anthony Trivella, Deceased, and Violet Trivella, Deceased, Respondent, v. New York City Transit Authority, Appellant

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

December 9, 1969.

Attorney(s) appearing for the Case

Abraham Satran of counsel (Helen R. Cassidy with him on the brief; Sidney Brandes, attorney), for appellant.

Alfred S. Julien of counsel (Helen B. Stoller with him on the brief; Julien, Glaser & Blitz, attorneys), for respondent.

CAPOZZOLI, J. P., and McGIVERN, J., concur with MARKEWICH, J.; STEUER, J., dissents in opinion in which McNALLY, J., concurs.

MARKEWICH, J.

This appeal is from Special Term's grant of permission to plaintiff administratrix to add to a complaint for personal injuries a second cause of action for wrongful death of the intestate. The only difficulty we apprehend is that the motion was not made until the case had been assigned for trial.

When this young decedent came to his tragic death in 1967, he was a mental patient, having been in and out of several State hospitals,...

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