Appellate Division of the Supreme Court of New York, 1961

Degen & Schoen Co. v. Zemach David Development Corp.

Degen & Schoen Co. v. Zemach David Development Corp.
Appellate Division of the Supreme Court of New York · Decided January 9, 1961
12 A.D.2d 782; 210 N.Y.S.2d 982; 1961 N.Y. App. Div. LEXIS 13436
Degen & Schoen Co. v. Zemach David Development Corp.

Opinion of the Court

In an action to foreclose a mechanic’s lien, defendant appeals from an order of the Supreme Court, Rockland County, dated April 19, 1960, granting plaintiff’s motion to amend the summons and complaint so as to show that plaintiff is suing in a representative capacity, as trustee for named assignees, instead of in an individual capacity. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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