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People ex rel. Durham Realty Corp. v. Cantor

234 N.Y. 507 Court N.Y. Decision date 1922-07-12 English

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p. 507
The People of the State of New York ex rel. Durham Realty Corporation, Appellant, v. Jacob A. Cantor et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents.

Headnote

Practice — motion to change name of relator in certiorari proceedings granted.
People ex rel. Durham Realty Corpn. v. Cantor, 201 App. Div. 334 , reversed.
(Argued June 1, 1922;
decided July 12, 1922.)
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1922, which affirmed an order of Special Term denying a motion to substitute James
p. 508
B. Duke in place of the relator in this proceeding. The following question was certified: “ Had the Supreme Court power, under the circumstances set forth, to change by amendment the name of the relator, in the petition and writ of certiorari from the Durham Realty Corporation to James B. Duke? ”
E. Crosby Kindleberger and Arthur O. Townsend for appellant.
John P. O’Brien, Corporation Counsel (William H. King and R. M. de Acosta of counsel), for respondents.

Orders reversed and application granted, with costs in all courts, and question certified answered in the affirmative on dissenting opinion of Clarke, P. J., below.

Concur: Cardozo, Pound, Crane and Andrews, JJ. Dissenting: His cock, Ch. J., Hogan and McLaughlin, JJ.