Henderson v. Park Central Motors Service, Inc.

The Special Term was in error in holding that the fact that the plaintiff is not the real party in interest does not constitute a defense. (Civ. Prac. Act, § 210; Spooner v. D., L. & W. R. R. Co., 115 N. Y. 22; Wittner v. Burr Avenue Development Corporation, 222 App. Div. 285.) However, to establish such defense in this case it should be made to appear that the adjustment made by the plaintiff with the insurance company was at least equal to the amount of the claim asserted by the plaintiff against the defendant. From all that appears from the allegations of the defense, the plaintiff may…