Salamon v. Koninklijke Luchtvaart Maatschappij, N. V.

281 A.D. 965 | N.Y. App. Div. | 1953

Order unanimously affirmed as to the first, second, third, fourth and fifth causes of action, with leave to serve an amended complaint as to the fifth cause of action within ten days after service of a copy of the order, with notice of entry thereof. We do not pass upon whether the fifth cause of action, even if in contract, abates by reason of section 130 of the Decedent Estate Law. Settle order on notice. Present — Cohn, J. P., Callahan, Van Voorhis and Breitel, JJ. [See 282 App. Div. 683.]