Uhlfelder v. Tamsen

City of New York Municipal Court

Uhlfelder v. Tamsen

17 Misc. 296, 40 N.Y.S. 372

DecidedJune 15, 1896

StatusPublished

This text of 17 Misc. 296 (Uhlfelder v. Tamsen) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Uhlfelder v. Tamsen, 17 Misc. 296, 40 N.Y.S. 372 (N.Y. Super. Ct. 1896).

Pincite

Opinion

O’Dwyer, J.

The part of the order appealed from, should he reversed. •

The discretion referred to in Hart v. Kohn, 12 Misc. Rep. 648; 33 N. Y. Supp. 272, was a determination as to whether the party had .an interest. Here that question has been determined in favor of the applicant, and section 452 of the. Code of Civil Procedure is mandatory that, where the applicant has an interest, the court must direct him to be brought in. Rosenberg v. Salomon, 144 N. Y. 92.

That part of the order appealed from is reversed, with costs.

Van Wyck, Ch. J., concurs.

Portion of order appealed from reversed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI