
    The Guardian Trust Company of New York, Plaintiff, v. Rose W. Straus, Individually, Etc., and as Executrix of the Will of Louis Straus, Deceased, Defendant.
    (Supreme Court, New York Special Term,
    December, 1909.)
    Appearance — Authority or right to appear — In general — Appearance of two plaintiffs by different attorneys.
    Parties — Bringing in new parties — New plaintiff appearing by different attorney.
    There cannot be two plaintiffs to an action, each appearing by a different attorney and setting up separate claims.
    Motion by a person not a party to the action to he brought in and to be made a party plaintiff.
    
      Steele, Otis & Hall, for plaintiff.
    Ellison, MacIntyre & Davis, for defendant.
   Truax, J.

I do not understand this motion. There cannot be two plaintiffs to an action, each appearing by a different attorney, and each setting up separate claims; but, under the prayer for other and further relief, the moving party may be made a party defendant, and the summons and complaint may be amended in that respect. If the moving party has a claim against one of the defendants it may set up that claim in its answer in the method provided by the Code.

Ordered accordingly.  