In re the Estate of Courtade

Delehanty, S.

By decision heretofore filed (172 Misc. 1078) the representative of the now deceased respondent in this discovery proceeding was made a party to the record. It is appropriate now to pass upon the motion made by the respondent through his counsel in his lifetime to dismiss the proceeding for failure of proof and because of the bar of the Statute of Limitations.

As was stated in the prior decision, the court was asked at the conclusion of the direct case of petitioner to consider the legal objections of respondent to further proceedings. The court consented to and did receive briefs…