Opinion
September 21, 1961
Order, entered on March 23, 1961, dismissing the complaint in an action for wrongful death on the ground that individual plaintiff lacked capacity to sue unanimously affirmed, without costs. In affirming the court does not reach the question, because it is not necessary, whether any rights of action in behalf of anyone arising from the death survive the present dismissal on the ground assigned by Special Term.
Concur — Botein, P.J., Breitel, Rabin, Eager and Noonan, JJ.