Smyth v. Emerol Manufacturing Co.

Appellate Division of the Supreme Court of New York

Smyth v. Emerol Manufacturing Co.

285 A.D. 1139, 142 N.Y.S.2d 360, 1955 N.Y. App. Div. LEXIS 6923

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

DecidedMay 24, 1955

StatusPublished

This text of 285 A.D. 1139 (Smyth v. Emerol Manufacturing Co.) 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

Smyth v. Emerol Manufacturing Co., 285 A.D. 1139, 142 N.Y.S.2d 360, 1955 N.Y. App. Div. LEXIS 6923 (N.Y. Ct. App. 1955).

Pincite

Opinion

Order unanimously modified so as to stay all proceedings in the action until Ward and Hull have been added as parties and, as so modified, affirmed, with $20 costs and disbursements to the appellant. As the action is in rem this will not require personal service in this State. In the circumstances the relief granted is warranted. Settle order on notice. Concur — Peck, P. J., Cohn, Bastow, Botein and Rabin, JJ.

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Order unanimously modified so as to stay all proceedings in the action until Ward and Hull have been added as parties and, as so modified, affirmed, with $20 costs and disbursements to the appellant. As the action is in rem this will not require personal service in this State. In the circumstances the relief granted is warranted. Settle order on notice. Concur — Peck, P. J., Cohn, Bastow, Botein and Rabin, JJ.

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Bluebook (online)

285 A.D. 1139, 142 N.Y.S.2d 360, 1955 N.Y. App. Div. LEXIS 6923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smyth-v-emerol-manufacturing-co-nyappdiv-1955.