Weiss v. Kanarek

In case of a transfer of interest, devolution of liability, an action may be continued by or against the original party unless the court directs the person to whom the interest is transferred or upon whom the liability is devolved to be substituted in the action or joined with the original party as the case requires. (Civ. Prac. Act, § 83.) The Irving Trust Company has been named trustee in bankruptcy of the defendant Kanarek herein, and has moved the court to continue the action in the name of the defendant. The trustee in bankruptcy has received permission from the Federal court to so do. I…