Meier v. Shively

Order denying motion for substitution of administrator as party plaintiff and to restore the cause to the calendar and granting the cross motion to dismiss for neglect to prosecute modified on the law to the extent of denying the cross motion and otherwise affirmed, with $20 costs and disbursements to the respondent. The cross motion to dismiss for neglect to prosecute was improperly granted. Section 88 of the Civil Practice Act appears to afford the exclusive method by which the abatement of a deceased’s cause of action may be affirmatively effected. The procedure there set forth was not…