Majority
p. 739
Marcus Friedlander, Plaintiff, v. Myra Lesser, Defendant, Impleaded with Samuel Coleman and Sedan Realty Corporation, Respondents. Joseph H. Stein, as Trustee in Bankruptcy of the Estate of Myra Lesser, Applying for Leave to Intervene as Party Defendant, Appellant.
Order denying motion for leave to intervene as a party defendant affirmed, without costs, it having been stipulated in open court that Joseph H. Stein, as trustee in bankruptcy of the estate of Myra Lesser, be made a party plaintiff in place and stead of Marcus Fried-lander, plaintiff, who, on the motion resulting in the order from which the appeal is taken, consented that said Stein be permitted to intervene as a party defendant in order that he may assert his right to recover for the benefit of all the creditors. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.