PALMER v. NEW YORK CITY TRANSIT AUTH.


37 A.D.2d 766 (1971)

Mary J. Palmer, as Administratrix of The Estate of Anthony Trivella, Deceased, and of The Estate of 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.

September 28, 1971


The basic facts as to the date of the accident, death of decedent, appointment of an administratrix and continuation of the action are set forth in the dissenting opinion and need not be again recited. In 1969 the administratrix was granted leave to amend the complaint to add a third cause of action for wrongful death. This court affirmed (33 A.D.2d 119). In affirming, the court noted the practical difficulty which precluded an earlier...

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