Majority
p. 623Gillman & Gertler, Inc., Appellant, v. Kingston Homes, Inc., and Continental Casualty Company, Respondents, Impleaded with Others, Defendants.
Judgment reversed on the law, without costs, without prejudice, however, to the respondents to make such motion with reference to the complaint, to dismiss for failure to prosecute or otherwise, as they may be advised. The complaint should not have been dismissed on the ground that there was a defect of parties. (McKnight v. Bank of New York & Trust Co., 254 N. Y. 417 , 422.) Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.
Cases cited
- McKnight v. Bank of New York & Trust Co. 254 N. Y. 417 at 422 p. 623