MORGENSTERN v. FREUDENBERG


10 Misc.2d 69 (1958)

David Morgenstern, Plaintiff, v. Richard Freudenberg et al., Defendants.

Supreme Court, Special Term, New York County.

February 4, 1958.


Attorney(s) appearing for the Case

Edgar A. B. Spencer for plaintiff.

Alexis C. Coudert, Joseph A. McManus and A. Michael Frothingham for Pellon Corporation and others, defendants.


HENRY CLAY GREENBERG, J.

This motion presents in a complicated setting the troublesome question of indispensable parties. The guiding principle is easily stated: that in an action for rescission of an agreement, all parties to the agreement are indispensable and must be brought before the court (Galusha v. Galusha, 138 N.Y. 272; Gugel v. Hiscox, 216 N.Y. 145; McKnight v. Bank of N. Y. & Trust...

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