Lane v. Fenn
New York Supreme Court
Motiox by the defendant Lily B. Fenn, as executor of the last will and testament of Albert 0. Fenn, deceased, for an order severing thirty-five actions against the same defendants and requiring the plaintiff to proceed separately against said executor and to serve a supplemental complaint, etc.'
1Opinion of the CourtSuthebtlastd, J.
In each of these actions, in which the plaintiff claims damages for alleged fraudulent representations, Albert O. Fenn and others were joined as defendants. He died March 26, 1910, and December 27, 1911, on motion of the plaintiffs, an order was made reviving each action against Lily B. Fenn, as executor of his will and substituting her as a defendant in the place of said decedent. That order does not prejudice any right that either party may have to move for a severance of the .action. Arthur v. Griswold, 60 N. Y. 143. The executor now moves for an order severing each action and requiring…
2Cases cited14 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Lyon v. . ParkNew York Court of Appeals · 1888
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Union Bank v. . MottNew York Court of Appeals · 1863
- De Ridder v. SchermerhornNew York Supreme Court · 1851
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- German American Coffee Co. v. O'NeilNew York Supreme Court · 1918