Keystone O'terwear, Co. v. Feingersch

Appellate Terms of the Supreme Court of New York

Keystone O'terwear, Co. v. Feingersch

20 Misc. 2d 720, 197 N.Y.S.2d 767, 1959 N.Y. Misc. LEXIS 3555

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 4, 1959

StatusPublished

This text of 20 Misc. 2d 720 (Keystone O'terwear, Co. v. Feingersch) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keystone O'terwear, Co. v. Feingersch, 20 Misc. 2d 720, 197 N.Y.S.2d 767, 1959 N.Y. Misc. LEXIS 3555 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The service of the summons and complaint and writ of replevin, which include the corporate defendant as a party defendant, upon defendant H. Feingersch, individually and as a copartner of Carlita Sportswear Co., and as managing agent of Carlita Sportswear Co., Inc., constitutes the commencement of another action, and although the individual defendant may plead as a defense the pendency of another action, this does not alter the fact that a new action was commenced.

The judgment and order should be reversed, with $10 costs, and service of the summons and complaint and execution of the writ sustained, with leave to defendants to answer and defend on the merits.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment and order reversed, etc.

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Per Curiam.

The service of the summons and complaint and writ of replevin, which include the corporate defendant as a party defendant, upon defendant H. Feingersch, individually and as a copartner of Carlita Sportswear Co., and as managing agent of Carlita Sportswear Co., Inc., constitutes the commencement of another action, and although the individual defendant may plead as a defense the pendency of another action, this does not alter the fact that a new action was commenced.

The judgment and order should be reversed, with $10 costs, and service of the summons and complaint and execution of the writ sustained, with leave to defendants to answer and defend on the merits.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment and order reversed, etc.

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Bluebook (online)

20 Misc. 2d 720, 197 N.Y.S.2d 767, 1959 N.Y. Misc. LEXIS 3555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keystone-oterwear-co-v-feingersch-nyappterm-1959.