Forte v. Locke Insulator Corp.

Motion to dismiss appeal denied and motion to substitute administratrix of deceased plaintiff granted. Memorandum: Our determination is based upon the literal language of section 89 of the Civil Practice Act. We have not overlooked decisions which may seem to point in a general direction in conflict with our determination here. (Wood v. Phillips, 11 Abb. Pr. [N. S.] 1; Carr v. Rischer, 119 N. Y. 117, 124; Matter of Tubbiolo, 146 App. Div. 323; Molloy v. Starin, 134 id. 542; Lutz v. Third Ave. R. R. Co., 44 id. 256; Kelsey v. Jewett, 34 Hun, 11.) Nevertheless, in none of the cases was the…