Moore v. Washington

-Order entered November 24, 1969 denying the motion to substitute the administrator of the estate of Ercelle Harmon Moore as party plaintiff in place of Ercelle Harmon Moore, deceased, and granting the cross motion of the defendants to dismiss the complaint, unanimously reversed on the law, the motion granted and the *904cross motion dismissed, without costs and without disbursements. As the Special Term originally noted, an action in libel and slander does not abate upon the death of the plaintiff, except insofar as punitive damages are sought. (EPTL 11-3.2.) On reargument, the court found that…