Evelyn Building Corp. v. City of New York

This is an action for an injunction to restrain a continuing trespass upon plaintiff’s real property, to compel its restoration to its former condition and for damages. At the commencement of the action the city of New York was the sole defendant. Subsequently, the construction corporation was brought in as a party pursuant to subdivision 2 of section 193 of the Civil Practice Act, upon motion of the city, so that in the event of a recovery by the plaintiff the city might have a judgment over against the construction corporation under an indemnity clause in its contract with the city.

The city…