Solomon v. City of New York

Appellate Division of the Supreme Court of New York

Solomon v. City of New York

15 A.D.2d 927, 226 N.Y.S.2d 679, 1962 N.Y. App. Div. LEXIS 11147

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 1962·Published

Opinion

Such affirmance, however, is without prejudice, if the respective parties be so advised: (a) to a prompt motion at Special Term for leave to add Giaquinto as a party defendant, to serve a supplemental summons upon it, and to serve an amended complaint upon it and the defendant city; and (b) to a motion at Special Term to dismiss the action as against Giaquinto in the event that the motion first mentioned be not made within 30 days after entry of the order hereon. Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur. [21 Misc 2d 836.]

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Such affirmance, however, is without prejudice, if the respective parties be so advised: (a) to a prompt motion at Special Term for leave to add Giaquinto as a party defendant, to serve a supplemental summons upon it, and to serve an amended complaint upon it and the defendant city; and (b) to a motion at Special Term to dismiss the action as against Giaquinto in the event that the motion first mentioned be not made within 30 days after entry of the order hereon. Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur. [21 Misc 2d 836.]

Solomon v. City of New York, 15 A.D.2d 927, 226 N.Y.S.2d 679, 1962 N.Y. App. Div. LEXIS 11147 (N.Y. Ct. App. 1962).

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