O'Sullivan v. New York El. Railroad
The Superior Court of the City of New York and Buffalo
Action by Eugene O’Sullivan against the New York Elevated Railroad Company and others. Plaintiff died pending the action, and his personal representatives move to revive the action in their name.
1Opinion of the CourtMcADAM, J.
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,…
2Cases cited5 opinions
- Smith v. . ZalinskiNew York Court of Appeals · 1884
- Higgins v. . CrichtonNew York Court of Appeals · 1885
- Greene v. BatesNew York Supreme Court · 1852
- Underhill v. CrawfordNew York Supreme Court · 1859
- Powers v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891