Legal Opinion
National Equipment Rental, Ltd. v. Whitecraft Unlimited, Inc.
District Court, E.D. New York
Decided July 12, 1977No. 75 C 84PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
MISHLER, Chief Judge.
Plaintiff moves, pursuant to Rule 25, F.R.Civ.P., for an order substituting “Joan L. *509Whitecraft as executrix of the estate of Herbert Whitecraft” as party defendant and amending the judgment previously entered against the deceased. We must determine whether the motion is timely made in light of Rule 25’.s requirement that an order of substitution be sought within ninety (90) days after a suggestion of death is noted on the record.
The complaint in the instant action was served on January 20,1975. However, issue was not promptly joined.…
2Cases cited12 opinions
- Anderson v. YungkauSupreme Court of the United States · 1947
- Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- James Boggs v. Dravo Corporation. Appeal of Rosalie B. Peterson, Administratrix of the Estate of James Boggs, DeceasedCourt of Appeals for the Third Circuit · 1976
- Susie Ann Graham v. The Pennsylvania Railroad and the Washington Terminal CompanyCourt of Appeals for the D.C. Circuit · 1965
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Alan McSurely and Margaret McSurely v. John K. McClellan Thomas Ratliff, Individually and as Sometime Commonwealth Attorney for Pike County KentuckyCourt of Appeals for the D.C. Circuit · 1985
- Gronowicz v. LeonardDistrict Court, S.D. New York · 1986
- Al-Jundi v. RockefellerDistrict Court, W.D. New York · 1980
- Kasting v. American Family Mutual InsuranceDistrict Court, D. Kansas · 2000
- Campbell v. CampbellSupreme Court of Oklahoma · 1994
16 more not listed; retrieve them via the Exa API.