Balogh v. Rayner-Smith

Appellate Division of the Supreme Court of New York

Balogh v. Rayner-Smith

30 A.D.2d 788, 291 N.Y.S.2d 440, 1968 N.Y. App. Div. LEXIS 3451

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 9, 1968

StatusPublished

Cited by4 cases

This text of 30 A.D.2d 788 (Balogh v. Rayner-Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balogh v. Rayner-Smith, 30 A.D.2d 788, 291 N.Y.S.2d 440, 1968 N.Y. App. Div. LEXIS 3451 (N.Y. Ct. App. 1968).

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Opinion

Orders entered October 27, 1966 and April 11, 1967 and judgment entered thereon on April 19, 1967, which granted a motion to quash service of a supplemental summons on defendant Triggs and dismissed the cross claims of defendant Rayner-Smith and of the intervening defendants against Triggs, unanimously reversed on the law and the facts, with $50 costs and disbursements to appellants, the judgment vacated and the motions denied. The partnership relationship was sufficient to invoke the application of CPLR [789]*789302 (subd. [a]) and to sustain jurisdiction (Schneider v. J & C Carpet Co., 23 A D 2d 103; Banco Español de Credito v. Du Pont, 24 A D 2d 445; CPLR 302 (subd. [a]); see also, 1 Weinstein-Korn-Miller, N. Y. Civ.Prac.,par. 301.15; Partnership Law, § 20, § 4, subd. 3). The appeal, insofar as it seeks to dismiss the action on the ground that Triggs is a necessary party, dismissed as academic. Concur — Stevens, J. P., Eager, Capozzoli, McGivern and McNally, JJ. [51 Misc 2d 1089.]

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Orders entered October 27, 1966 and April 11, 1967 and judgment entered thereon on April 19, 1967, which granted a motion to quash service of a supplemental summons on defendant Triggs and dismissed the cross claims of defendant Rayner-Smith and of the intervening defendants against Triggs, unanimously reversed on the law and the facts, with $50 costs and disbursements to appellants, the judgment vacated and the motions denied. The partnership relationship was sufficient to invoke the application of CPLR [789]*789302 (subd. [a]) and to sustain jurisdiction (Schneider v. J & C Carpet Co., 23 A D 2d 103; Banco Español de Credito v. Du Pont, 24 A D 2d 445; CPLR 302 (subd. [a]); see also, 1 Weinstein-Korn-Miller, N. Y. Civ.Prac.,par. 301.15; Partnership Law, § 20, § 4, subd. 3). The appeal, insofar as it seeks to dismiss the action on the ground that Triggs is a necessary party, dismissed as academic. Concur — Stevens, J. P., Eager, Capozzoli, McGivern and McNally, JJ. [51 Misc 2d 1089.]

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Bluebook (online)

30 A.D.2d 788, 291 N.Y.S.2d 440, 1968 N.Y. App. Div. LEXIS 3451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balogh-v-rayner-smith-nyappdiv-1968.

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