Gittleman v. Feltman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles L. Feltman and another, and by the Surf Amusement Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of June, 1907, granting the plaintiffs motion to bring in the Surf Amusement Company as a party defendant.
1Opinion of the Court
Gaynor, J.:
The complaint is for damages for negligence. On motion of the plaintiff the court at Special.Term has- made an order permitting another party to be brought in as a defendant by amendment of the summons and complaint on the ground, that it is a joint tort feasor. The original defendants and the new defendant appeal.
It is claimed , that there is no power to bring in an additional defendant on the plaintiffs motion in a common law action. This was so under the common law practice; the like Could be done only in equity suits. But apart from conflicting decisions it would seem plain…
2Cases cited4 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
- Schun v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Horan v. BruningAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Schenck v. BradshawAppellate Division of the Supreme Court of the State of New York · 1931