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JULIUS BALOGH, Indi v. dually and as a Partner in the Firm of MARKS CLERK, Plaintiff,

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 to invoke the application of CPLR 302 (subd. [a]) and to sustain jurisdiction ( Schneider v. J C Carpet Co., 23 A.D.2d 103; Banco Espanol de Credito v. Du Pont, 24 A.D.2d 445; CPLR 302 (subd. [a]); see also, 1 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 301.15; Partnership Law, § 20, § 4, subd. 3). The appeal, insofar as it seeks to dismiss the action on the ground that Triggs is a necessary party, dismissed as academic.

Concur — Stevens, J.P., Eager, Capozzoli, McGivern and McNally, JJ. [ 51 Misc.2d 1089.]

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BALOGH v. RAYNER-SMITH
(Jul 9, 1968)