COLONIAL SAND & STONE CO., INC. v. THOMAS J. HUGHES CONSTR. CO., INC.


32 A.D.2d 1033 (1969)

Colonial Sand & Stone Co., Inc., Respondent, v. Thomas J. Hughes Construction Co., Inc., et al., Respondents, and Pious Society of Saint Paul, Inc., et al., Appellants, et al., Defendants

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

July 21, 1969


Order affirmed, with $10 costs and disbursements to plaintiff.

At the trial of this action, if Thomas J. Hughes Construction Co., Inc., by its trustee in bankruptcy, shall not have theretofore intervened or been impleaded as a party defendant to the first cause of action alleged in the complaint, the Trial Justice can decide whether that cause of action shall proceed to judgment without said Hughes corporation or make such other order or judgment as to that cause...

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