Hyperlawhypertext legal databasebeta Greenhouse v. Rochester Taxicab Co. 244 N.Y. 559

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Greenhouse v. Rochester Taxicab Co.

244 N.Y. 559 Court N.Y. Decision date 1927-01-25 English

Contents

Majority

p. 559
Samuel H. Greenhouse, Respondent, v. Rochester Taxicab Company et al., Appellants; New York State Railways, Respondent. Lillian Greenhouse, Respondent, v. Rochester Taxicab Company et al., Appellants; New York State Railways, Respondent. Margaret Greenhouse, an Infant, by Samuel H. Greenhouse, Her Guardian ad Litem, Respondent, v. Rochester Taxicab Company et al., Appellants; New York State Railways, Respondent.

Headnote

Appeal — question certified not considered by Court of Appeals unless answer will be decisive of correctness of order.
Greenhouse v. Rochester Taxicab Co. (3 eases), 218 App. Div. 224 , appeal dismissed.
(Argued January 10, 1927;
decided January 25, 1927.)
Appeal, in each of the above-entitled actions, by, permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 12, 1926, which reversed an order of Special Term granting a motion by appellants herein for joinder of the New York State Railways as an additional party defendant and denied said motion. The actions were to recover for personal injuries alleged to have been sustained through the negligence of defendants.
The following question was certified:
“ Under the Civil Practice Act and Rules had the Supreme Court the power to make the order that it did
p. 560
bringing in an additional party defendant over the objection of the plaintiff? ”
Eugene Baines for appellants.
William C. Combs for plaintiffs, respondents.
Carroll N. Whitman for New York State Railways, respondent.

In each case appeal dismissed, with costs, on authority of Gray v. Vought & Co. ( 243 N. Y. 585 ).

Concur: Cardozo, Ch. J., Pound, Crane, Andrews and Lehman, JJ. Not sitting: Kellogg, J.

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