Legal Opinion
Jones v. Gabrielli
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1958PublishedCited by 2 opinions
1Opinion of the CourtGibson, J.
Two of the defendants in a partition action appeal from an order which denied their motion, under section 274 of *543the Civil Practice Act, to compel a reply to the five defenses set forth in their answer and granted plaintiffs’ cross motion to strike out the second, third and fourth defenses as insufficient in law.
The first defense alleges the nonjoinder of an indispensable party. However, subdivision 2 of rule 102 of the Rules of Civil Practice (implementing sections 192 and 193 of the Civil Practice Act and requiring the objection of nonjoinder to be raised by a motion to add parties),…
2Cases cited4 opinions
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- D. & G. Girl Coat Co. v. KafkaAppellate Division of the Supreme Court of the State of New York · 1926
- D. G. Girl Coat Co., Inc. v. ZabelickyNew York Court of Appeals · 1927
- Korn v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
3Cited by2 opinions
- Kopsidas v. KrokosAppellate Division of the Supreme Court of the State of New York · 2002
- Grossman v. BakerAppellate Division of the Supreme Court of the State of New York · 1992