Goldstein v. Shapiro
Appellate Division of the Supreme Court of the State of New York
Appeal by Alexander Felman from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of April, 1903, granting the plaintiff’s motion to bring in the said Alexander Felman as a party defendant herein and directing that a supplemental summons issue.
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Appeal by Alexander Felman from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of April, 1903, granting the plaintiff’s motion to bring in the said Alexander Felman as a party defendant herein and directing that a supplemental summons issue. Section 452 of the Code of Civil Procedure, which is referred to in the opinion, provides as follows : “ The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving…
1Opinion of the Court
Jeñks, J.:
The plaintiff complains in replevin.' After the levy, a stranger filed a third party.claim with the sheriff. Thereupon the plaintiff moved at Special Term for an order to bring in the third party by supplemental summons. The motion was opposed, but the court made the order, and the third party appeals. I think that' the order should be reversed. The 1st sentence of section 452 of the Code of Civil Procedure is substantially and almost literally a re-enactment of a part of section 122 of the Code of Procedure. Rosenberg v. Salomon (144 N. Y. 92) decides that so much thereof applies…
2Cases cited8 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
- M'Mahon v. AllenNew York Court of Common Pleas · 1855
- Schun v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- First Commercial Bank v. ValentineAppellate Division of the Supreme Court of the State of New York · 1913
- Ten Eyck v. KellerAppellate Division of the Supreme Court of the State of New York · 1904
- State v. PopeMissouri Court of Appeals · 1922
- Goldstein v. ShulmanAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.