Backo v. Watrous

This action was originally brought pursuant to sections 170 and 176 of the Decedent Estate Law for the purpose of acquiring a lien on certain real property which descended to some of the defendants in the above-entitled action, upon the death of one, Lavinia Warner. Plaintiff’s claim is based upon an assigned undertaker’s bill amounting to $400 arising from the funeral and burial of the deceased Lavinia Warner. Defendants’ counsel has moved to require the plaintiff to serve an amended complaint eliminating certain defendants who are not heirs-at-law of the decedent. The plaintiff has moved…