Propper v. Taylor

Defendant heretofore moved for summary judgment dismissing the complaint upon the ground that an order made by the United States Alien Property Custodian since the action was commenced has vested title to the cause of action sued upon in such custodian. I denied the motion for the reason that, even though title to the cause of action be now vested in the custodian, summary judgment should not be granted because section 83 of the Civil Practice Act expressly provides that in case of a transfer of interest the action may be continued by the original party unless the court directs the person to…