Sendel v. Productive Thought, Inc.

Appellate Division of the Supreme Court of New York

Sendel v. Productive Thought, Inc.

235 A.D. 803

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

DecidedApril 15, 1932

StatusPublished

This text of 235 A.D. 803 (Sendel v. Productive Thought, Inc.) 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

Sendel v. Productive Thought, Inc., 235 A.D. 803 (N.Y. Ct. App. 1932).

Pincite

Opinion

Order of Appellate Term affirming judgment of the Municipal Court unanimously affirmed, with costs. The dismissal of the complaint as to Kaufman was in effect a vacating of the order bringing him in as a party defendant, and this the court, in the exercise of discretion, had power to do, although the better practice would have been to sever the actions. The dismissal must be deemed to be without prejudice to the right of appellant to sue Kaufman on the same cause of action set up in the answer after Kaufman had been brought in, there having been no determination on the merits between these parties. Present ■ — ■ Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ.

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Order of Appellate Term affirming judgment of the Municipal Court unanimously affirmed, with costs. The dismissal of the complaint as to Kaufman was in effect a vacating of the order bringing him in as a party defendant, and this the court, in the exercise of discretion, had power to do, although the better practice would have been to sever the actions. The dismissal must be deemed to be without prejudice to the right of appellant to sue Kaufman on the same cause of action set up in the answer after Kaufman had been brought in, there having been no determination on the merits between these parties. Present ■ — ■ Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ.

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Bluebook (online)

235 A.D. 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sendel-v-productive-thought-inc-nyappdiv-1932.