Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The representative of the decedent's estate is a necessary party to this action. ( Potter v. Ellice, 48 N.Y. 321.) The original representative having died, the new administrator should be substituted in her place as a defendant. Lazansky, P.J., Young, Kapper, Carswell and Davis, JJ., concur.