Opinion
January, 1932.
Order directing joinder of additional parties defendant and the service of a supplemental summons and an amended complaint affirmed, with ten dollars costs and disbursements. No opinion. Young, Kapper, Carswell and Tompkins, JJ., concur; Davis, J., dissents and votes for reversal on the ground that the order requiring plaintiff to serve a complaint "setting forth the relation of each to the cause of action of plaintiff's assignor" is meaningless and does not constitute the basis of a pleading; that the plaintiff is asserting no claim to the res and there is no issue between it and the lienors; and if it is desired that other parties should be brought in, then the duty of preparing the supplemental summons and complaint should fall on the party seeking such relief. ( Hailfinger v. Meyer, 215 App. Div. 35.)