PRETE v. LORENZ SCHNEIDER CO., INC.


33 A.D.2d 1021 (1970)

Joseph Del Prete, Jr., et al., Appellants, v. Lorenz Schneider Co., Inc., Respondent

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

February 2, 1970


Order modified, on the law and the facts, by adding a provision thereto that plaintiffs are granted leave to move to permit the persons in question to intervene in the action pursuant to CPLR 1013 and 1014. As so modified, order affirmed, without costs.

CPLR 1002, pursuant to which plaintiffs proceeded, refers to "permissive joinder of parties" and has no application at bar. The motion should have been brought pursuant to CPLR 1013, which refers to "intervention...

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