Brennan v. Rooney

VAN DUSEN, District Judge.

This case comes before the court on (A) defendant’s 1 motion to dismiss the complaint on the ground that the plaintiff “has no legal capacity, authority, power or right to prosecute this cause of action” 2 and (B) defendant’s answer to plaintiff’s motion for leave to amend the complaint by substituting for the plaintiff “Edward A. Brennan, Administrator Ad Prosequendum of the Estate of James E. Wood, deceased,” which answer opposes this motion on the ground that the amendment would introduce a new cause of action barred by the statute of limitations.

The plaintiff’s…