Barwin Realty Co. v. H. Batterman Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Barwin Realty Company, 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 10th day of June, 1915, granting the motion of the defendant corporation to compel plaintiff to amend the summons and complaint by striking out the receivers as parties defendant.
1Opinion of the Court
Stapleton, J.:
In an action to recover real property an order was made directing that the action be continued against one of the defendants and that the summons and complaint he amended by eliminating from the suit other defendants named therein. This motion for the relief was made by the defendants and opposed by the plaintiff. In an action in equity, begun in the United States District Court for the Eastern District of New York, the defendants eliminated were appointed receivers of the* defendant corporation retained in the action at bar. It appears by supplemental answers that during the…
2Cases cited2 opinions
- Ross v. . WiggNew York Court of Appeals · 1885
- Prouty v. . Lake S. and Mich. S.R. Co.New York Court of Appeals · 1873