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

Appellate Division of the Supreme Court of the State of New York·Decided July 9, 1968·Published·Cited by 4 cases

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.]

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

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