Reed v. . Farrand
New York Court of Appeals
Motion by the plaintiff and respondent to substitute the administrator of Jeanette Earrand, a deceased defendant and appellant, as a party to the appeal in this court.
1Per curiam
We think this motion should be granted under section 1299 of the Code of Civil Procedure, which provides that where the appeal is from one court to another an application for an order of substitution must be made to the appellate court, and that where personal notice of the application has been given to the proper representative of the decedent within the state “ an order of substitution may be made upon the application of the surviving party.” The provisions of section 1298 relate to the disposition of an appeal where a a party thereto dies before it has been heard and it is desired to…
2Cases cited2 opinions
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Riley v. GittermanNew York Supreme Court · 1889
3Cited by2 opinions
- Bronheim v. KelleherAppellate Division of the Supreme Court of the State of New York · 1940
- Matter of O'Esau v. . E.W. Bliss CompanyNew York Court of Appeals · 1918