Dombrowski v. Dunn

LEAMY, District Judge.

The accident, out of which this suit arises, occurred in New York City on July 31, 1941, at which time the plaintiff claims that he suffered injury through the negligence of an employee of Thomas F. Dunn. Suit was instituted by the plaintiff against Dunn in the Supreme Court of Queens County, New York, on January 30, 1942, and the action was still pending and untried in that Court on November 4, 1942, on which date, Thomas F. Dunn died, a resident of Stamford, Vermont, in the Probate District of Bennington.

On December 9, 1942, Mary P. Dunn, the defendant herein, was…