Opinion
July, 1910.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the grounds: First, that it does not appear that any notice of the motion was given to the alleged claimant ( Bullowa v. Provident Life Trust Co., 125 App. Div. 545); second, that if the party added as defendant has any claim, it is not for the debt or property which is the subject-matter of this action, but only a claim in equity against the plaintiff when he shall have collected such debt ( Hanna v. Manufacturers' Trust Co., 104 id. 90); and third, that the motion papers fail to disclose a reasonable demand made without collusion ( Boskowitz v. Boskowitz, 124 id. 849; St. John v. Union Mutual Life Ins. Co., 132 id. 515). Woodward, Jenks, Burr and Thomas, JJ., concurred; Hirschberg, P.J., dissented.