Palmer v. New York City Transit Authority

Order, Supreme Court, New York County, entered May 26, 1970, affirmed, without costs and without disbursements. 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 application by the administratrix to amend. In…