Vitto v. Farley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Giacomino Yitto, from an order of the ■ Supreme Court, made at the New York' Special Term and entered, in the office of the clerk of the county of New York on the 22d’. day of April, 1896, denying his motion to revive the action and to-substitute the executors under the last will and testament of the: defendant as defendants, in the place of the defendant, who died, after the commencement of the action.
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Appeal by the plaintiff, Giacomino Yitto, from an order of the ■ Supreme Court, made at the New York' Special Term and entered, in the office of the clerk of the county of New York on the 22d’. day of April, 1896, denying his motion to revive the action and to-substitute the executors under the last will and testament of the: defendant as defendants, in the place of the defendant, who died, after the commencement of the action. The action was brought to recover damages for personal, injuries-to the plaintiff alleged to have been caused by the negligence of the defendant. Before the death of…
1Opinion of the Court
Williams, J.:
It is provided by section '764 of the Code of Civil Procedure, that “ After verdict * * * in an action to recover damages for a personal injury, the action does not abate by the death of a party, but the subsequent proceedings are the same as in a case where the cause of action survives.”
In Wood v. Phillips (11 Abb. Pr. [N. S.] 1, Ct. App.), which was an action foy assault and battery, there was a verdict for the plaintiff, and on exceptions ordered to be heard in the first instance at the General Term, a new trial was ordered. The plaintiff then died. The administrator of the…
2Cases cited3 opinions
- Carr v. . RischerNew York Court of Appeals · 1890
- Corbett v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Hart v. WashburnNew York Supreme Court · 1891
3Cited by2 opinions
- Saper v. DelgadoCourt of Appeals for the Second Circuit · 1945
- Nicora v. DemosthenesNevada Supreme Court · 1952