Greenleaf v. Safeway Trails, Inc.
Court of Appeals for the Second Circuit
1ConcurrenceClark, Circuit Judge
I agree, but would add something on the point of party joinder. Defendant, by formally pleading the availability of Eastern as a party in its answer (using the Second Defense of Federal Form 20), could normally expect to sit back and await steps by its opponent and the court to correct the defect. It succeeded, however, in over-persuading the court to hold Eastern indispensable, in consequence of which the court made no attempt to bring Eastern in and the plaintiff presumably concluded it was hopeless to approach the court further after his motion to amend the finding of ouster of…
2Cases cited2 opinions
- Pickhardt v. First National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1943
- Marine Trust Co. v. RichardsonNew York Supreme Court · 1939