Appellate Division of the Supreme Court of the State of New York March 29, 1922 (In re Wnuk)

Sears, J.:

Henrietta Schieck during her lifetime brought an action against Mikoaj Wnuk, the petitioner in this proceeding, to recover damages for personal injuries which she claimed to have received in an automobile accident alleged to have been caused by the negligence of the petitioner. On September 20, 1921, while the action was still pending and before trial, Henrietta Schieck died.