Order affirmed insofar as appealed from, with $50 costs and disbursements.
Following the death of Max Baer, M.D., in 1963, his widow plaintiff Hella De Witt Baer, was appointed executrix under Baer's will. She subsequently retained defendant to continue prosecution of a wrongful death action initially begun by another attorney who became ill. The wrongful death action was brought by plaintiff in her capacity as executrix (see EPTL 5-4.1, 1-2.13). In the present action...
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