New York Merchandise Co., Inc. v. McGraw-Hill Pub

Full title: NEW YORK MERCHANDISE COMPANY, INC., Respondent, v. McGRAW-HILL PUBLISHING…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 1943

265 App. Div. 995 (N.Y. App. Div. 1943)

Opinion

January 29, 1943.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.

PER CURIAM.

There is not a sufficient measure of identity between the cause of action of the plaintiff against the defendant and the cross-claim of the defendant against the impleaded defendant to justify inclusion in one action.

The order appealed from should be modified by granting the motion of the impleaded defendant to vacate the order entered February 18, 1942, bringing in said defendant as a party and as so modified affirmed with ten dollars costs and disbursements to the said defendant against the defendant, McGraw-Hill Publishing Company, Inc., and with ten dollars costs and disbursements to the plaintiff against the defendant, McGraw-Hill Publishing Company, Inc.

PER CURIAM.

Order unanimously modified by granting the motion of the impleaded defendant to vacate the order entered February 18, 1942, bringing in said defendant as a party, and as so modified affirmed, with ten dollars costs and disbursements to the said defendant against the defendant, McGraw-Hill Publishing Company, Inc., and with ten dollars costs and disbursements to the plaintiff against the defendant, McGraw-Hill Publishing Company, Inc.