KEYSTONE O'TERWEAR CO. v. FEINGERSCH


20 Misc.2d 720 (1959)

Keystone O'Terwear Co., Inc., Appellant, v. H. Feingersch et al., Doing Business as Carlita Sportswear Co., Defendants, and Carlita Sportswear Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

June 4, 1959.


Attorney(s) appearing for the Case

Benjamin A. Miller for appellant.

Louis Schultz for respondent appearing specially.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.


Per Curiam.

The service of the summons and complaint and writ of replevin, which include the corporate defendant as a party defendant, upon defendant H. Feingersch, individually and as a copartner of Carlita Sportswear Co., and as managing agent of Carlita Sportswear Co., Inc., constitutes the commencement of another action, and although the individual defendant may plead as a defense the pendency of another action...

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