Du Mond v. American Surety Co. — 271 A.D.2d 767

Majority

p. 767

(September 19, 1946.)

C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v. American Surety Company of New York, Appellant.

Appeal from an order of the Supreme Court, at the Albany County Special Term, which denied defendant-appellant’s motion to bring in the Sodus Creamery Corporation as a party defendant. The action is for a money judgment and upon bonds of the defendant guaranteeing payment to producers delivering milk to the Sodus Co-operative Creamery Company. Defendant-appellant claims that the third party it seeks to bring in will be liable over to it in the event plaintiff is successful. The order appealed from is a discretionary one. To grant appellant’s motion would mean an inevitable delay insofar as the plaintiff’s case is concerned. Since the action is for a money judgment we are not disposed to interfere with the Special Term’s discretion. Order affirmed, with $25 costs. All concur.