Danziger v. Amalgamated Bank
City of New York Municipal Court
1Opinion of the CourtEvans, J.
While all claimants, regardless of the merits of their claims, must be made parties to the action on invoking section 199 of the Banking Law by any party (Gaudy v. Corn Exchange Bank Trust Co., 139 Misc. 712), yet' there is no authority to bring in additional parties without notice of motion. There was no notice in the moving papers that Joseph Horowitz, Sol Leibowitz, R. Waletzky, Louis Epner, Morris Rubenstein, R. Pibalow, I. Newman and A. Meyerswig were to be made parties defendant. There are thirty-four individuals and one corporation mentioned in the petition, but none of the above…
2Cases cited2 opinions
- Eastern Optical Co. v. General Optical Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Gaudy v. Corn Exchange Bank Trust Co.City of New York Municipal Court · 1931
3Cited by1 opinion
- Community Volunteer Fire Co. v. City National BankNew York Supreme Court · 1939