Legal Opinion
Bronheim v. Kelleher
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1940PublishedCited by 11 opinions
1Opinion of the Court
— Motion for an order substituting John J. Kelleher, as administrator of John M. Kelleher, deceased, in place of John M. Kelleher, and for other relief. The action was brought to recover damages for personal injuries sustained by plaintiff when the ceding in a market fell on her. The defendant died after a judgment and during the pendency of the appeal in this court. The appeal was submitted and, without knowledge of the defendant’s death, the judgment was reversed on the law and a new trial granted. Sections 557 and 578 of the Civil Practice Act, relating to the death of a party pending an…
2Cases cited5 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Blake v. . GriswoldNew York Court of Appeals · 1887
- Matter of O'Esau v. . E.W. Bliss CompanyNew York Court of Appeals · 1918
- Forte v. Locke Insulator Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Reed v. . FarrandNew York Court of Appeals · 1910
3Cited by11 opinions
- Corrigan v. AntupitSupreme Court of Connecticut · 1944
- Wisdom v. WisdomAppellate Division of the Supreme Court of the State of New York · 1985
- Sargoy v. WamboldtAppellate Division of the Supreme Court of the State of New York · 1992
- Thompson v. Raymond Kramer, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Speier v. St. Francis ChurchAppellate Division of the Supreme Court of the State of New York · 1957
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