
    George G. Dewsnap, Plaintiff, v. Moses Matthews et al., Defendants.
    (Supreme Court, New York Special Term,
    February, 1907.)
    Appeal — Who may appeal — Persons not parties. The owners of the equity of redemption of property of which a receiver has been appointed are entitled to appeal from an order denying them leave to come in as parties defendant, and a motion tu compel acceptance of their notice of appeal will be granted.
    Motioh to compel acceptance of a notice of appeal. The appellants, Irving Bachrach and Isaac Schmeidler, served a notice of appeal from an order denying their application to be made parties defendant. Such notice of appeal was returned by the plaintiff’s attorney on the ground they are not parties to the action and the appellants have brought on this motion to compel him to accept the same.
    Paul Gross (Herman Hahn, of counsel), for motion.
    Alfred T. Davison, opposed.
   Giegerich, J.

I think it sufficiently appears from the filed papers that the persons now seeking to bring on the appeal applied for leave to be made parties defendant, which application was denied. They are the owners of the equity of redemption of the property of which a receiver has been appointed, and should be permitted to bring on their appeal from the order denying them leave to come in as parties. 2 Encyc. Pl. & Pr. 152, 153; Nat. Park Bank v. Goddard, 48 N. Y. St. Repr. 744. The motion to compel acceptance of the notice of appeal is, therefore, granted, with ten dollars costs to abide the final event of the action.

Motion granted, with ten dollars costs to abide final event of action.  