Brothers v. Wall

Order reversed, with costs, plaintiffs’ motion denied and defendant Wall’s motion granted. All concur, Cardamone, J. P., not participating. Memorandum: Defendants in this consolidated action appeal from an order of Special Term which denied defendant Wall’s motion to dismiss for want of prosecution and granted plaintiffs’ motion to amend their complaint to add defendant Roger Scott; to alter the cause of action from one seeking injunctive relief to an action to determine title to real property; and to consolidate plaintiffs’ actions against Robert Wall, Roger Scott and Rhoda Scott. The order…