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GIBBONS v. CITY OF NEW YORK

196 Misc. 89 (1946)

Edward Gibbons, as Administrator of The Estate of William Gibbons, Deceased, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

October 1, 1946.

Attorney(s) appearing for the Case

John J. Bennett, Corporation Counsel (John J. Lee of counsel), for defendant.

Irving C. Rosenkrantz and Adolph A. Zeigler for plaintiff.

BOTEIN, J.

Examination of the briefs submitted to the Court of Appeals reveals that defendant there contended that plaintiff was not entitled to the benefit of section 23 of the Civil Practice Act, because the amended complaint merely alleged that a prior suit on the same causes of action had been commenced on or about March 1, 1943, without identifying the plaintiff in that suit. Defendant maintained...

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