Bates v. New York Rapid Transit Corp.

The plaintiff, Marion Bates, commenced this action for personal injuries on November 4, 1932, based upon an accident which is alleged to have occurred on November 20, 1931. She died on October 23, 1937.

A motion is now made for an order substituting Nellie R. Davis as administratrix, etc., of Marion Bates, deceased, as party plaintiff, and granting her leave to serve an amended complaint which alleges that the personal injuries received in the accident resulted in the intestate’s death.

The defendant, in resisting this motion, contends that under section 89 of the Civil Practice Act, and under…