
    Charles D. Ingersoll and George Holmes, as Executors of and Trustees under the Last Will and Testament of Delia A. Blanchard, Deceased, Respondents, v. Robert Weld, Appellant, Impleaded with James W. Cunningham and George Tracy Rogers, Respondents.
    
      Party to an action—ha is entitled to participate in an accounting between the plaintiff and his codefendants.
    
    
      . It is not necessary for a defendant in an action to make a motion for leave to intervene in an accounting between the plaintiff and the other defendants, as he is entitled, by virtue of his relation as a party, to notice of all proceedings taken in the action, and to appear and participate in any of such proceedings-by which his interests may be affected.
    Appeal by" the defendant, Robert Weld, from an order of the Supreme Court, made at the New York Spécial Term and entered in the office of. the clerk of the county of New York on the 1st day of September, 1904, denying the said defendant’s motion for leave to intervene in an accounting between the plaintiffs and the other defendants.
    
      Thomas F. Byrne, for the appellant.
    
      Albert Stickney, Jr., for the plaintiffs, respondents.
    
      Duncan Edwards, for the defendants, respondents.
   Per Curiam :

This-motion was unnecessary. The' moving party is a. party to the action, and as such is entitled to notice of all proceedings in the action before.the referee or before the court, and to appear and protect any interest he may have, affected by the proceedings before the referee or before the court. .

■ The order should be affirmed, with ten dollars' costs ■ and disbursements.

Present— Van' Brunt, P. J., Patterson, O’Brien, Hatch and Laugh lin, JJ.

Order affirmed, with ten dollars costs and disbursements.  