Smyth v. Emerol Manufacturing Co.

285 A.D. 1139 | N.Y. App. Div. | 1955

Order unanimously modified so as to stay all proceedings in the action until Ward and Hull have been added as parties and, as so modified, affirmed, with $20 costs and disbursements to the appellant. As the action is in rem this will not require personal service in this State. In the circumstances the relief granted is warranted. Settle order on notice. Concur — Peck, P. J., Cohn, Bastow, Botein and Rabin, JJ.