Flanagan v. Board of Education

Appellate Division of the Supreme Court of New York

Flanagan v. Board of Education

56 A.D.2d 574, 391 N.Y.S.2d 180, 1977 N.Y. App. Div. LEXIS 10606

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 1977

StatusPublished

Cited by3 cases

This text of 56 A.D.2d 574 (Flanagan v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flanagan v. Board of Education, 56 A.D.2d 574, 391 N.Y.S.2d 180, 1977 N.Y. App. Div. LEXIS 10606 (N.Y. Ct. App. 1977).

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Opinion

In an action, inter alia, to recover damages for breach of contract, defendant appeals from so much of an order of the Supreme Court, Suffolk County, dated August 31, 1976, as denied its motion to dismiss the action for failure to join necessary parties. Order affirmed insofar as appealed from, with $50 costs and disbursements. None of the parties defendant seeks to have joined is necessary for "complete relief * * * to be accorded between the persons who are parties to the action [nor will any] be inequitably affected by a judgment in the action” (see CPLR 1001, subd [a]; see, also, 2 Weinstein-Korn-Miller, NY Civ Prac, par 1001.01). The denial of defendant’s motion to dismiss pursuant to CPLR 3211 (subd [a], par 10) was, therefore, proper. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, defendant appeals from so much of an order of the Supreme Court, Suffolk County, dated August 31, 1976, as denied its motion to dismiss the action for failure to join necessary parties. Order affirmed insofar as appealed from, with $50 costs and disbursements. None of the parties defendant seeks to have joined is necessary for "complete relief * * * to be accorded between the persons who are parties to the action [nor will any] be inequitably affected by a judgment in the action” (see CPLR 1001, subd [a]; see, also, 2 Weinstein-Korn-Miller, NY Civ Prac, par 1001.01). The denial of defendant’s motion to dismiss pursuant to CPLR 3211 (subd [a], par 10) was, therefore, proper. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 574, 391 N.Y.S.2d 180, 1977 N.Y. App. Div. LEXIS 10606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flanagan-v-board-of-education-nyappdiv-1977.

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