Thomas v. Hawkins , 234 A.D. 715 ( 1931 )

— Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The representative of the decedent’s estate is a necessary party to this action. (Potter v. Ellice, 48 N. Y. 321.) The original representative having died, the new administrator should be substituted in her place as a defendant. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.