Gittleman v. . Feltman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 26, 1907, which affirmed an order of Special Term granting a motion for leave to amend the summons and complaint by bringing in an additional party defendant. The facts, so far as material, and the questions certified are stated in the opinion. The court had no power to grant the motion to bring in the Surf Amusement Company.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 26, 1907, which affirmed an order of Special Term granting a motion for leave to amend the summons and complaint by bringing in an additional party defendant. The facts, so far as material, and the questions certified are stated in the opinion. The court had no power to grant the motion to bring in the Surf Amusement Company. (C. Co. v. Russ, 8 Cow. 122; N. Y. S. M. M. P. Assn. v. R. A. Works, 89 N. Y. 22; Bauer v. Dewey, 166 N. Y. 402; Rosenberg v. Salomon,…
1Opinion of the CourtHaight, J.
This action was originally brought against Charles L. and Alfred Feltman, to recover damages for a personal injury, alleged to have been received by reason of the negligence of the defendants. The order appealed from permitted the plaintiff to bring in as an additional defendant the Surf Amusement Company, a corporation, which it is claimed was a joint tort feasor with the other defendants, and with them liable for the damages sustained by the plaintiff. It is the contention of the appellants that the court had no power to make such an order in an action of this character. The Appellate…
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