Cassani v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Dunn, as sheriff of the county of New York, from, an order of the Supreme Court, made at the.New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of August,. 1899, denying a motion made by the sheriff of the county of New York to substitute his indemnitors as defendants in this action. The action was brought to recover damages for the alleged wrongful levy of an attachment.
1Concurrence
Patterson, J.:
I concur in the reversal of this order. The present case differs altogether from that of Levy v. Dunn (39 App. Div. 605). In that case it -was held that under its peculiar circumstances and the attitude *252|n which the indemnitor stood to the sheriff, substitution should not be ordered because the plaintiff would not secure that complete and affective remedy to which he was entitled by reason of- the wrongs alleged to have been perpetrated against him by the sheriff. There, both the plaintiff and the indemnitor objected to the substitution, -the indemnitor insisting that it was not…
2Cases cited1 opinion
- Levy v. DunnAppellate Division of the Supreme Court of the State of New York · 1899