Summary
In Newburger v. Newburger (5 N.Y.2d 953), our Court of Appeals held that a similar third party was not indispensable to the determination of the action before the court (see, also, Stange v. Stange, 17 Misc.2d 1028). Plaintiff's motion for judgment is therefore in all respects granted.
Summary of this case from Petruzzo v. PetruzzoOpinion
Argued January 5, 1959
Decided February 26, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEE PARSONS DAVIS, Off. Ref.
Kalman I. Nulman for appellant.
Jesse Climenko for respondent.
Order affirmed, without costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.