Talbot v. Ledgewood Circle Shopping Center, Inc.
District Court, E.D. New York
1Opinion of the Court
BARTELS, District Judge.
Motion for substitution of plaintiff’s executors as parties plaintiff herein *192(Rule 25(a) (1), Fed.Rules Civ.Proc., 28 U.S.C.A.) nunc pro tunc and for assignment of the case to one Judge for all purposes.
In a previous motion the defendant moved to suppress two depositions taken after the death of plaintiff on the ground that plaintiff’s counsel had no authority to act in the matter pending substitution of plaintiff’s executors. The Court ruled that plaintiff’s attorney had no authority to proceed and that no conduct on the part of defendant estopped defendant from…
2Cases cited3 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Feener Business Schools, Inc. v. Speedwriting Publishing Company, Inc.Court of Appeals for the First Circuit · 1957
- Talbot v. Ledgewood Circle Shopping Center, Inc.District Court, E.D. New York · 1961