Majority
p. 686Rocco Brugno, Respondent, v. “ Jacob ” Meiselman, First Name “ Jacob ” Being Fictitious, Real First Name Unknown to Plaintiff, Doing Business under the Firm Name and Style of Mohegan Furniture Corporation, Appellant.
Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The order was improperly made for the reason that its effect is to bring in a new party — a defendant who has not been brought into court in this action. (Gray v. Vought & Co., 216 App. Div. 230 .) Rich, Young, Seeger and Scudder, JJ., concur. Lazansky, P. J., dissents.