Robinson v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edpard R. Thomas and another, 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 23d day of July, 1907, as resettled by an order entered in said clerk’s office on the 31st day of July, 1907, in so far as it refuses to vacate an ex parte order substituting Charles S. Taber as attorney for the plaintiff in place of Russell & Winslow.
1Opinion of the Court
Ingraham, J.:
The record fails to show the object of this action. There is an allegation that a demurrer was interposed to the complaint which would seem to have been sustained with permission to the plaintiff to serve an amended complaint, the time within which it was to be served not having expired when the sole plaintiff died on the 7th of October, 1906. Upon the death of the plaintiff the action abated, and no order could have been entered ex parte or otherwise until the action was revived. On the 26th day of June, 1907, an exparte order was entered reviving the action and, substituting…
2Cited by2 opinions
- Angelo v. AngeloAppellate Division of the Supreme Court of the State of New York · 1953
- Talbot v. Ledgewood Circle Shopping Center, Inc.District Court, E.D. New York · 1961