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CAMMARATA v. CONLEY

13 Misc.2d 349 (1958)

Frank Cammarata et al., Doing Business as Pilgrim Real Estate, Appellants, v. Bertha Conley et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 17, 1958.

Attorney(s) appearing for the Case

John Guastella and Edward Marks for appellants.

Emerson A. Swartz for respondents.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

The action against the defendant Swartz, as stakeholder, was properly joined with the action against defendant Conley (Civ. Prac. Act, § 258) and he was properly before the court as a conditionally necessary party (Civ. Prac. Act, § 193). This defendant, if so advised, may apply for appropriate relief under the provisions of section 285 of the Civil Practice Act.

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