Appellate Division of the Supreme Court of New York, 1936

Donovan v. Atlas Corp.

Appellate Division of the Supreme Court of New York · Decided November 27, 1936

249 A.D. 115; 291 N.Y.S. 518; 1936 N.Y. App. Div. LEXIS 5047

Counsel

Alfred J. Talley of counsel [James A. McKaigney, George D. Hornstein and Abraham Hornstein with him on the brief; Talley & Lamb, attorneys], for the plaintiff-appellant and petitioner-appellant., Leonard P. Moore, Whitney North Seymour, Abraham Shamos and Thomas F. Daly of counsel [David S. Hecht and John T. Lorch with them on the brief; Chadbourne, Stanchfield & Levy, attorneys; Frederick B. Lee with them on the brief ; Simpson, Thacher & Bartlett, attorneys; Guggenheimer & Untermyer, attorneys, and Lord, Day & Lord, attorneys], for the defendants-respondents.

Opinion of the Court

Per Curiam.

We are of opinion that under all the facts and circumstances disclosed the trial court should have granted the motion for leave to intervene. Thus the entire ownership and interest in the shares would be before the court and a determination of the issues on the merits could be had, thereby avoiding further delay and a multiplicity of suits.

Accordingly the judgment and the order should be reversed, with costs to the appellants, the motion for leave to intervene granted, and the pleadings amended accordingly.

Present—Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

Judgment and order unanimously reversed, with costs to the appellants, the motion for leave to intervene granted, and the pleadings amended accordingly.

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