Keystone O'terwear, Co. v. Feingersch

The service of the summons and complaint and writ of replevin, which include the corporate defendant as a party defendant, upon defendant H. Feingersch, individually and as a copartner of Carlita Sportswear Co., and as managing agent of Carlita Sportswear Co., Inc., constitutes the commencement of another action, and although the individual defendant may plead as a defense the pendency of another action, this does not alter the fact that a new action was commenced.

The judgment and order should be reversed, with $10 costs, and service of the summons and complaint and execution of the writ sustained, with leave to defendants to answer and defend on the merits.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment and order reversed, etc.