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GUAR. TRUST CO. OF NEW YORK v. CHASE NAT'L BANK OF CITY OF NEW YORK

278 A.D. 650 (1951)

Guaranty Trust Company of New York, as Trustee under the First Consolidated Mortgage of Rio Grande Western Railway Company, Respondent, and Julius Klorfein, Intervener, Respondent, v. Chase National Bank of the City of New York, as Trustee under the Refunding and Improvement Mortgage of Denver and Rio Grande Western Railroad Company, et al., Respondents, and Harold S. Baird, Intervener, Respondent. Osterman & Hutner et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 1951.

With respect to the order entered October 5, 1950, we think Special Term was justified, in the exercise of discretion in denying the application of Osterman & Hutner, et al., for leave to intervene as parties to the action. Apparently, however, the court entertained the applicant's motion on the merits and we have fully considered the motion upon the merits.

Order unanimously modified to the extent of granting the application to intervene, for the purpose of this...

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