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Hall v. Garfinkel

149 N.Y.S. 1085 Court N.Y. App. Div. Decision date 1914-10-30 Docket No. 6325 English

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Majority

p. 1085
HALL et al. v. GARFINKEL (ROSING, Intervener).
(No. 6325.)
(Supreme Court, Appellate Division, First Department.
October 30, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Joseph Hall and others against Morris Garfinkel. From an order denying the motion of David Rosing to intervene, he appeals. Reversed. A. II. Townley, of New York City, for appellant. Clinton H. Blake, Jr., of New York City, for respondent.

Upon the moving papers the intervening party shows such an interest in the property which is the subject-matter of the action as entitles him to an opportunity to prove his title thereto, and for that reason he should be made a party to the action. The order appealed from should be reversed, with $10 costs and disbursements, and the motion granted.