Plaintiff Anna Kleever died on June 3, 1970, after service of defendant's motion papers but before service of the cross motion (see CPLR 1015). A stipulation substituting the executor of her estate in her place as a plaintiff in this action was submitted to this court after the argument of the appeal. Such substitution is hereby ordered. Order dated June 19, 1970 reversed, without costs; defendant's motion granted and plaintiffs' cross motion denied. Our examination of the...
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