HIS MAJESTY'S TREASURY v. BANKERS TR. CO. (TENNENT)


304 N.Y. 296 (1952)

Solicitor for the Affairs of His Majesty's Treasury, Appellant, v. Bankers Trust Company of New York, Defendant. Robert W. Maitland-Tennent, Applicant-Respondent.

Court of Appeals of the State of New York.

Decided July 15, 1952


Attorney(s) appearing for the Case

Howard T. Milman for appellant.

David Paine for respondent.

LOUGHRAN, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur; CONWAY, J., not sitting.


LEWIS, J.

We are to determine whether the record before us serves to qualify Robert William Maitland-Tennent — to whom reference will be made as the applicant — to intervene in this action pursuant to clause (d) of subdivision 1, section 193-b of the Civil Practice Act. That statute, insofar as material to our inquiry, provides: "§ 193-b. Intervention. 1. Upon timely application any person...

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