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Appellate Terms of the Supreme Court of New York, 1926

Otis Elevator Co. v. Miller

Otis Elevator Co. v. Miller
Appellate Terms of the Supreme Court of New York · Decided June 8, 1926
127 Misc. 421; 216 N.Y.S. 320

Counsel

Michael Seinfeld [.Benjamin Kirschstein of counsel], for the appellant., Phillips & Avery [Talbot M. Malcolm of counsel], for the respondent., Benjamin Bardondess [Gustav W. M. Wieboldt of counsel], for the respondent Miller.

Otis Elevator Co. v. Miller

Opinion of the Court

Per Curiam.

The judgment in favor of' the plaintiff against the impleaded defendant Reisberg was improper, as any judgment under subdivision 2, section 193 of the Civil Practice Act against such defendant should run in favor only of the defendant originally *422joined. (Bozzuffi v. Darrieusecq, 125 Misc. 178.) The judgment is, therefore, modified so as to read in favor of the plaintiff against the defendant Miller and in favor of the defendant Miller against the impleaded defendant Reisberg, and thus affirmed, with twenty-five dollars costs to the defendant Reisberg against the plaintiff.

All concur; present, Delehanty, Lydon and Levy, JJ.

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