Ress v. Margolies

231 A.D. 843

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 15, 1930
• Status: Published

Opinion

Order denying defendant’s motion to require plaintiffs to serve an amended complaint reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten-dollars costs; the amended complaint to be served within ten days from the- entry- of' the order herein. If the .corpora-, tion be not made a party to the action it could, in the event that the' present plaintiffs did not succeed, bring a new action in its own name and thus subject defendant to a double harassment. The Corporation, while it may not be a necessary party, is, therefore, a proper party, and the refusal of the Special Term to direct service of an amended complaint was not a proper exercise of its discretion. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.