Nugent v. Buckalew

Appellate Division of the Supreme Court of New York

Nugent v. Buckalew

37 A.D.2d 821, 325 N.Y.S.2d 1, 1971 N.Y. App. Div. LEXIS 3273

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

DecidedOctober 19, 1971

StatusPublished

This text of 37 A.D.2d 821 (Nugent v. Buckalew) 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

Nugent v. Buckalew, 37 A.D.2d 821, 325 N.Y.S.2d 1, 1971 N.Y. App. Div. LEXIS 3273 (N.Y. Ct. App. 1971).

Pincite

Opinion

Order, Supreme Court, New York County, entered on February 8, 1971, unanimously affirmed, without costs and without disbursements, with leave to plaintiff, within 30 days from the date of the order herein, to apply to vacate the dismissal upon joining the partnership as a party. The amended complaint and papers submitted on this application indicate the partnership signed the letter of confirmation. The partnership is not a party to the action but is alleged to be the agent of the plaintiff. Consequently, there can be no final determination of the controversy nor can the rights of the parties be adjudicated without the partnership as a party to the action. Concur—Capozzoli, J. P., Markewieh, Nunez, Murphy and Eager, JJ.

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Order, Supreme Court, New York County, entered on February 8, 1971, unanimously affirmed, without costs and without disbursements, with leave to plaintiff, within 30 days from the date of the order herein, to apply to vacate the dismissal upon joining the partnership as a party. The amended complaint and papers submitted on this application indicate the partnership signed the letter of confirmation. The partnership is not a party to the action but is alleged to be the agent of the plaintiff. Consequently, there can be no final determination of the controversy nor can the rights of the parties be adjudicated without the partnership as a party to the action. Concur—Capozzoli, J. P., Markewieh, Nunez, Murphy and Eager, JJ.

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Bluebook (online)

37 A.D.2d 821, 325 N.Y.S.2d 1, 1971 N.Y. App. Div. LEXIS 3273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nugent-v-buckalew-nyappdiv-1971.