Kaliske v. Weil
New York Court of Common Pleas
Action for specific performance of an agreement for a release. Defendants move to dismiss the complaint for nonservice of summons-on one of the defendants.
1Opinion of the CourtPryor, J.
Action against partners for specific performance of an agreement for a release, and motion to dismiss the complaint for nonservice of summons on a defendant. The order solicited is not authorized by section 821, Code Civ. Proc. Dismissal of the complaint for nonservice of summons on a defendant is warranted only “when a complete determination of the controversy cannot be had” without the presence of such defendant. But counsel for the motion concedes that a release by the defendants served will bind the other. What, then, is wanting to a complete determination of the-controversy? Manifestly…
2Cases cited3 opinions
- Waffle v. VanderheydenNew York Court of Chancery · 1839
- Powell v. FinchThe Superior Court of New York City · 1856
- Georgia Lumber Co. v. BissellNew York Court of Chancery · 1841
3Cited by1 opinion
- King v. BaerNew York Supreme Court · 1900