Muller v. National Transportation Co.

This is a motion by the defendant in a negligence action for an order directing that the action abate in that the plaintiff has died since its commencement (Civ. Prac. Act, § 88) or in the alternative that the complaint be dismissed for failure diligently to prosecute (Bules Civ. Prac., rule 156). *801As to the alternative branch of the motion, it cannot be said that there has been any neglect to prosecute. Indeed, in view of the demise of the plaintiff, no procedures may properly be invoked in the prosecution or defense of the cause except to obtain, upon due application, a substitution of an…