Hall v. Garfinkel — 164 A.D. 931

Majority

p. 931

Joseph Hall and Others, Respondents, v. Morris Garfinkel, Defendant. David Rosing, Intervener, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the Rew York county clerk’s office on the 6th day of March, 1914, denying the motion of David Rosing to intervene.

Upon the moving papers the intervening'party shows such an interest in the property which is the subject-matter of the action as entitles him to an opportunity to prove his title thereto; and for that reason he should be made a party to the action. The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.