Zuckerman v. City of New York

Fein, J. (concurring).

I concur in the views expressed by Justice Lupiano and in the result reached by the majority opinion, except with respect to the dictum expressed by Justice Sandler which intimates that one party to an action should be required to appear with respect to an application for relief sought solely as against another party.

This is close to the position taken by the dissenters, who without authority, would foreclose the City from its right to continue with its cross claim against its codefendant the Transit Authority, merely because the City did not appear in opposition to the…