TRACY v. LUDWIG


44 A.D.2d 832 (1974)

William J. Tracy, Individually and as Father and Natural Guardian of Leslie Tracy, an Infant, Appellant, v. Gerald Ludwig et al., Respondents

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

May 6, 1974


Appeal dismissed, without costs and without prejudice to such further proceedings with respect to defendant Ludwig (now deceased) as plaintiffs may be advised.

The order appealed from denied plaintiffs' motion to vacate the order of preclusion, without prejudice to its renewal before the Trial Justice "who will be in a position to determine whether prejudice will result to the estate of the defendant LUDWIG." There is no indication in the record that an executor or...

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