BALOGH v. RAYNER-SMITH


30 A.D.2d 788 (1968)

Julius Balogh, Individually and as a Partner in the Firm of Marks & Clerk, Plaintiff, v. Percy Rayner-Smith, Appellant, and Thomas J. Kelly et al., Intervening Defendants-Appellants, and K. Lausten Svenson, Substitute Executor of William W. Triggs, Deceased, Defendant to Cross-Claims Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

July 9, 1968


Orders entered October 27, 1966 and April 11, 1967 and judgment entered thereon on April 19, 1967, which granted a motion to quash service of a supplemental summons on defendant Triggs and dismissed the cross claims of defendant Rayner-Smith and of the intervening defendants against Triggs, unanimously reversed on the law and the facts, with $50 costs and disbursements to appellants, the judgment vacated and the motions denied.

The partnership relationship was sufficient...

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