Gorlitzer v. . Wolffberg
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 23,1912, which affirmed an order of Special Term granting a motion to substitute the administratrix of Solomon Wolffberg, deceased, the original defendant, as defendant in this action. The facts, so far as material, and the question certified are stated in the opinion. The cause of action does not survive.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 23,1912, which affirmed an order of Special Term granting a motion to substitute the administratrix of Solomon Wolffberg, deceased, the original defendant, as defendant in this action. The facts, so far as material, and the question certified are stated in the opinion. The cause of action does not survive. (Hegerich v. Keddie, 99 N. Y. 267; Moriorty v. Bartlett, 99 N. Y. 651; Price v. Price, 75 N. Y. 244; Victory v. Krauss, 45 Hun, 533; Malloy v. Starin, 134…
1Opinion of the CourtHiscock, J.
This action was brought in 1908 to recover for the loss of services of plaintiff’s wife and expenses resulting from her personal injuries alleged to have been caused in April, 1907, by the negligence of the original defendant. Before the trial of the action, and in 1910, the original defendant died, and the order complained of was made substituting his' administratrix as the defendant in the action. The fundamental question, of course, is whether plaintiff’s cause of action survived against the estate and representative of the person whose negligence is alleged to have caused the injuries to…
2Cases cited4 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Cregin v. . Brooklyn Crosstown R.R. Co.New York Court of Appeals · 1881
- Stephen v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by15 opinions
- Ormsby v. ExecutorsSupreme Court of the United States · 1933
- Mennemeyer v. HartSupreme Court of Missouri · 1949
- Bailey v. RoatNew York Supreme Court · 1942
- Engen v. ArnoldWashington Supreme Court · 1963
- Sumner Et Ux. v. BrownSupreme Court of Pennsylvania · 1933
10 more not listed; retrieve them via the Exa API.