Koenig v. Wagener

Laughlin, J. (dissenting):

The plaintiff has only limited letters of administration issued pursuant to the provisions of section 2664 of the Code of Civil *776Procedure and the cause of action on the decree never vested in her under such letters. (Kirwin v. Malone, 45 App. Div. 93,100.) I am, therefore, of opinion that the action cannot he maintained.

Judgment affirmed, with costs, with leave to withdraw demurrer and to answer on payment of costs.