O'Sullivan v. New York Elevated Railroad

The sole plaintiff has died, and the cause of action, which is in equity, survives and continues. Plaintiff’s administrator and the committee of the property of his widow and his heirs at law are his representatives and successors in interest-in respect to the premises involved in the litigation, known as “Nos. 92, 148-152 Pearl street." The Code (section 757) provides that upon the death of a plaintiff “ the court must, upon a motion, allow or compel the action to be continued by or against his representative or successor in interest.” The proposed plaintiffs make the application themselves,…