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JULIUS BALOGH v. PERCY RAYNER-SMITH (07/09/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 1968.NY.42580 <http://www.versuslaw.com>; 291 N.Y.S.2d 440; 30 A.D.2d 788 July 9, 1968 JULIUS BALOGH, INDIVIDUALLY AND AS A PARTNER IN THE FIRM OF MARKS & CLERK, PLAINTIFF,v.PERCY RAYNER-SMITH, APPELLANT, AND THOMAS J. KELLY ET AL., INTERVENING DEFENDANTS-APPELLANTS, AND K. LAUSTEN SVENSON, SUBSTITUTE EXECUTOR OF WILLIAM W. TRIGGS, DECEASED, DEFENDANT TO CROSS-CLAIMS RESPONDENT 51 Misc. 2d 1089. Concur -- Stevens, J. P., Eager, Capozzoli, McGivern and McNally, JJ.


51 Misc. 2d 1089.

Concur -- Stevens, J. P., Eager, Capozzoli, McGivern and McNally, JJ.

The appeal, insofar as it seeks to dismiss the action on the ground that Triggs is a necessary party, dismissed as academic.

Disposition

 Orders entered October 27, 1966 and April 11, 1967 and judgment entered thereon on April 19, 1967, which granted a motion to quash service of a supplemental summons on defendant Triggs and dismissed the cross claims of defendant Rayner-Smith and of the intervening defendants against Triggs, unanimously reversed on the law and the facts, with $50 costs and disbursements to appellants, the judgment vacated and the motions denied. The partnership relationship was sufficient to invoke the application of CPLR 302 (subd. [a]) and to sustain jurisdiction ( Schneider v. J & C Carpet Co., 23 A.D.2d 103; Banco Espanol de Credito v. Du Pont , 24 A.D.2d 445; CPLR 302 (subd. [a]); see also, 1 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 301.15; Partnership Law, § 20, § 4, subd. 3).

19680709

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