Lubin v. Sydenham Hospital, Inc.

Motion for an order substituting the administratrix of estate of deceased plaintiff in the place and stead of plaintiff in the pending action. In opposition "thereto and by way of cross motion, defendant moves for an order directing that the action abate on the ground that it did not survive the death of the plaintiff.

The complaint alleges two causes of action. The first is for damages for mental anguish resulting from the refusal of the defendant hospital to deliver to the plaintiff for the purpose of. burial the body of her dead child after childbirth and for interference with plaintiff’s…