CITY OF NEW YORK v. DRAPER


201 Misc. 957 (1951)

City of New York, Acting by The Board of Transportation of the City of New York, Plaintiff, v. William H. Draper, Jr., as Substituted Trustee of The Long Island Rail Road Company, Defendant.

Supreme Court, Special Term, Queens County.

October 10, 1951.


Attorney(s) appearing for the Case

Richard R. Bongartz and Elmer S. Lane for defendant.

Harold L. Warner and Abraham Satran for plaintiff.


SWEZEY, J.

Defendant moves to dismiss the complaint herein on the grounds (1) that it is legally insufficient, and (2) that defendant is not a proper party.

Under our practice misjoinder or nonjoinder of parties is no cause for dismissing an action. "New parties may be added or substituted and parties misjoined may be dropped by order of the court at any stage of the cause as justice may require." (Civ...

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