Wicks v. Walters

Appellate Division of the Supreme Court of New York

Wicks v. Walters

262 A.D. 780, 28 N.Y.S.2d 57, 1941 N.Y. App. Div. LEXIS 5825

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

DecidedMay 26, 1941

StatusPublished

This text of 262 A.D. 780 (Wicks v. Walters) 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

Wicks v. Walters, 262 A.D. 780, 28 N.Y.S.2d 57, 1941 N.Y. App. Div. LEXIS 5825 (N.Y. Ct. App. 1941).

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Opinion

Action for rent. Order of the County Court of Suffolk County granting defendants’ motion to require the plaintiff to serve an additional amended complaint naming as an additional plaintiff therein her husband, George Wicks, and granting other relief, in so far as appealed from, reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The amended complaint discloses on its face that the cause of action upon which plaintiff sues vests solely in the plaintiff. Under that complaint plaintiff seeks rent based on an agreement by the defendants for occupancy of the property as monthly tenants during a period subsequent to the time that plaintiff’s husband conveyed to her his interest in the real property which the defendants occupied as monthly tenants. These facts appearing in the amended complaint reveal that plaintiff’s husband has no interest in the property or the cause of action upon which plaintiff sues, and is neither a necessary nor proper party plaintiff. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Action for rent. Order of the County Court of Suffolk County granting defendants’ motion to require the plaintiff to serve an additional amended complaint naming as an additional plaintiff therein her husband, George Wicks, and granting other relief, in so far as appealed from, reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The amended complaint discloses on its face that the cause of action upon which plaintiff sues vests solely in the plaintiff. Under that complaint plaintiff seeks rent based on an agreement by the defendants for occupancy of the property as monthly tenants during a period subsequent to the time that plaintiff’s husband conveyed to her his interest in the real property which the defendants occupied as monthly tenants. These facts appearing in the amended complaint reveal that plaintiff’s husband has no interest in the property or the cause of action upon which plaintiff sues, and is neither a necessary nor proper party plaintiff. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

262 A.D. 780, 28 N.Y.S.2d 57, 1941 N.Y. App. Div. LEXIS 5825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wicks-v-walters-nyappdiv-1941.