Stolz v. New York Central Railroad

Plaintiff appeals from an order and judgment of the Supreme Court which dismissed the complaints in this consolidated action without prejudice to the commencement of a new action by an administrator validly appointed as such. There is also an appeal from an order denying plaintiff’s motion to amend the order and judgment dismissing the complaints. This motion was apparently made to avoid the Statute of Limitations by keeping the cases alive so that another personal representative of the decedent could be appointed and substituted for the plaintiff.

Decedent was employed by the defendant…