
    The Southold Savings Bank, Plaintiff, v. The Board of Education of Union Free School District No. 22 of the Town of Hempstead, Defendant.
    (Supreme Court, Suffolk Special Term,
    June, 1904.)
    Parties — When the court should not direct a third party to be brought into an action.
    A controversy, existing between the city of New York and a school district which had issued certain bonds before a part of the district was incorporated into the city by the charter of 1897, as to what part of the indebtedness is chargeable upon each municipality, affords no reason for the court to direct the city to be made a party to an action, brought by a bank, a holder of the bonds, against the board of the district, to recover interest on the bonds due and unpaid because of the controversy, and this because the school district should adjust its dispute with the city without making the plaintiff a party to the litigation or delaying the present action.
    Motion by the defendant for an order directing that the ' city of Sew York be made a party defendant to this action, and directing the plaintiff to issue supplemental summons and to cause the same to be served upon the city of Sew York when so made a party.
    This is an action to recover various sums due the plaintiff for interest on certain bonds issued by the defendant. Subsequent to the issue of the bonds, -by the passage of the Greater Sew York Charter, a portion of the school district as it had existed at the time when the bonds were issued was cut off and became a part of the city of Sew York. So adjustment of the bonded indebtedness of the district having been made between the city and the district, interest was not paid on the bonds and this action was brought.
    Wyckoff, Statesir & Frost (Edward L. Frost, of counsel), for motion.
    Herbert L. Fordham, opposed.
   Smith, J.

In my opinion, the defendant should adjust its affairs with the city of Sew York without making the plaintiff a party to the litigation. I think the court if it had the power should not delay the plaintiff in the collection of its just dues by compelling it to await the determination of a controversy for the origin of which plaintiff was not at all responsible.

Motion denied.  