Carolan v. Louis Einsidler & Sons, Inc.

The plaintiffs, in an action pending in this court arising, in part, from their eviction from certain premises under a warrant of dispossess which they claim to be invalid, seek leave to sue upon the bond or undertaking of the city marshal who evicted them, and thereupon to add said city marshal and her surety as parties to this action by the issuance of a supplemental summons and amended complaint. The motion is opposed chiefly on the ground that under section 147 of the New York City Municipal Court Code only a justice of that court may grant leave to sue on a city marshal’s bond, and that…