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ROBERSON v. FIRST NAT. CITY BANK

63 Misc.2d 105 (1970)

Lloyd W. Roberson, as Executor of Rose Kozik, Deceased, Plaintiff, v. First National City Bank, as Trustee under Two Deeds of Trust Made by William W. Astor for John J. Astor and Another, et al., Defendants.

Supreme Court, Special Term, New York County.

January 26, 1970

Attorney(s) appearing for the Case

Cardozo & Cardozo for plaintiff. Fogarty & Nielsen for defendants.

SAMUEL M. GOLD, J.

This is a motion to amend the complaint stating a cause of action for personal injuries to add a cause of action for wrongful death.

The accident occurred in April, 1960. The personal injury action was commenced in April, 1963, just before the expiration of the Statute of Limitations. Plaintiff died of cancer in September, 1963. Her executor was substituted in the action in September, 1966 but, even then, one year after the...

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