Fusco v. Katz

Appellate Division of the Supreme Court of New York

Fusco v. Katz

11 A.D.2d 1018, 206 N.Y.S.2d 351, 1960 N.Y. App. Div. LEXIS 7513

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

DecidedOctober 25, 1960

StatusPublished

This text of 11 A.D.2d 1018 (Fusco v. Katz) 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

Fusco v. Katz, 11 A.D.2d 1018, 206 N.Y.S.2d 351, 1960 N.Y. App. Div. LEXIS 7513 (N.Y. Ct. App. 1960).

Pincite

Opinion

— Order, entered April 14, 1960, granting plaintiffs’ motion for summary judgment, unanimously reversed, on- the law, with $20 costs and disbursements to appellants, and plaintiffs’ motion for summary judgment denied; and the motion by defendants, for an order pursuant to section 193 of the Civil Practice Act, directing that plaintiffs bring in as additional parties defendant, Francine R. Pugach, individually and as trustee, etc., of Caryn Brenda Pugach, an infant, and of Francine R. Pugach, and the Public Service Mutual Insurance Company with a service by plaintiffs of a supplemental summons and amended complaint, is granted on the law, on the facts and in the exercise of discretion, with $10 costs. The plaintiffs have been less than frank with the court, and in any event the affidavits submitted by defendants disclose that there are triable issues. And, under the circumstances here, the motion to implead the alleged subsequent assignees who claim to be entitled to the funds claimed by plaintiffs as assignees is granted. Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, Valente and Eager, JJ.

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— Order, entered April 14, 1960, granting plaintiffs’ motion for summary judgment, unanimously reversed, on- the law, with $20 costs and disbursements to appellants, and plaintiffs’ motion for summary judgment denied; and the motion by defendants, for an order pursuant to section 193 of the Civil Practice Act, directing that plaintiffs bring in as additional parties defendant, Francine R. Pugach, individually and as trustee, etc., of Caryn Brenda Pugach, an infant, and of Francine R. Pugach, and the Public Service Mutual Insurance Company with a service by plaintiffs of a supplemental summons and amended complaint, is granted on the law, on the facts and in the exercise of discretion, with $10 costs. The plaintiffs have been less than frank with the court, and in any event the affidavits submitted by defendants disclose that there are triable issues. And, under the circumstances here, the motion to implead the alleged subsequent assignees who claim to be entitled to the funds claimed by plaintiffs as assignees is granted. Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, Valente and Eager, JJ.

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Bluebook (online)

11 A.D.2d 1018, 206 N.Y.S.2d 351, 1960 N.Y. App. Div. LEXIS 7513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fusco-v-katz-nyappdiv-1960.