Legal Opinion

Kaliske v. Weil

New York Court of Common Pleas

Decided February 15, 1895PublishedCited by 1 opinion

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

  1. Waffle v. VanderheydenNew York Court of Chancery · 1839
  2. Powell v. FinchThe Superior Court of New York City · 1856
  3. Georgia Lumber Co. v. BissellNew York Court of Chancery · 1841

3Cited by1 opinion

  1. King v. BaerNew York Supreme Court · 1900

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