Legal Opinion

Neiman-Marcus Co. v. Lait

District Court, S.D. New York

Decided November 10, 1954PublishedCited by 2 opinions

1Opinion of the Court

BICKS, District Judge.

Plaintiffs move to substitute Laura Belle Lait as executrix of the last will and testament of the defendant, Jack Lait, as a party defendant pursuant to Rule 25(a) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A.1

It is not disputed that:(1) This Court had valid jurisdiction over the original parties.(2) Jack Lait, one of the original defendants, died.(3) The claim against the said defendant was not extinguished by his death.(4) Laura Belle Lait was duly appointed executrix of the last will and testament of the said defendant by the Superior Court of the State of…

2Cases cited4 opinions

  1. Helme v. . BuckelewNew York Court of Appeals · 1920
  2. Brown v. Fletcher's EstateSupreme Court of the United States · 1908
  3. Commercial Solvents Corporation v. JassponDistrict Court, S.D. New York · 1950
  4. Balter v. WebnerCity of New York Municipal Court · 1940

3Cited by2 opinions

  1. Ellis B. Grady, Jr., Administrator, C.T.A., of Margarette W. Rodgers, Deceased v. Richard Eugene IrvineCourt of Appeals for the Fourth Circuit · 1958
  2. Dolgow v. AndersonDistrict Court, E.D. New York · 1968

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