Gibbons v. City of New York

Examination of the briefs submitted to the Court of Appeals reveals that defendant there contended that plaintiff was not entitled to the benefit of section 23 of the Civil Practice Act, because the amended complaint merely alleged that a prior suit on the same causes of action had been com*90menced on or about March 1,1943, without identifying the plaintiff in that suit. Defendant- maintained that, since section 23 of the Civil Practice Act is available only where the second action is brought by-the same plaintiff, or his representative (Streeter v. Graham & Norton Co., 263 N. Y. 39, 43-44),…