¶1The court may strike out parties, and add others. Code, § 723. The only limitation on the power is that a sole defendant cannot be stricken out, and another substituted in his place. Spence v. Griswold, 7 N. Y. Supp. 145; Davis v. Mayor, 14 N. Y. 506, 527; New York, etc., Assn. v. Remington, etc., Works, 89 N. Y. 22. Motion to strike out the names of Henry Stern granted on payment to his attorney of $10 costs, and application to join the name of Bernard Pasternak with those of the two remaining defendants granted, without costs.
10 N.Y.S. 8
Riley v. Stern
City of New York Municipal Court
Decided November 12, 1889
City of New York Municipal Court · decided 1889-11-12
At chambers. Action by W. H. Riley and Adolph Friedlieb against Solomon Stern, Moses Stern,'and Henry Stern, as constituting the Arm of S. & M. Stern. The answer of the two first-named defendants denied that Henry Stern was at any time a member of the firm, and alleged the firm was composed of said two first-named defendants and one Bernard Pasternak. Plaintiffs now move to have the name of Bernard Pasternak substituted for Henry Stern.
Relies on Davis v. . the Mayor, C., of New-York · New York State Monitor Milk Pan Ass'n v. Remington Agricultural Works
Decided 1889-11-12