Bomstein v. Boucher Agency, Inc.

At oral argument of this appeal held at a session of the Appellate Division on Novem*122ber 6, 1967, it was stated by the appellant, the defendant, that since the taking of the appeal the plaintiff had died and that no representative of his estate had been appointed. We continued the case on the docket of this court in order to give plaintiff’s administrator or executor an opportunity to defend against the appeal. At a session of this court held on January 22, 1968, we were informed that no steps had been taken for the appointment of an administrator of the estate of the plaintiff.

“By the common…