Hansen v. Petrone

Appellate Division of the Supreme Court of New York

Hansen v. Petrone

159 A.D.2d 485, 552 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 2528

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

DecidedMarch 5, 1990

StatusPublished

This text of 159 A.D.2d 485 (Hansen v. Petrone) 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

Hansen v. Petrone, 159 A.D.2d 485, 552 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 2528 (N.Y. Ct. App. 1990).

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Opinion

In an action to recover damages, inter alia, for trespass, the defendant Petrone appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered August 23, 1988, as, upon reargument, denied that branch of her motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (10) for failure to join necessary parties.

Ordered that the order is affirmed insofar as appealed from, with costs.

[486]*486The Supreme Court acted properly in denying that branch of the defendant Petrone’s motion which was to dismiss the plaintiffs complaint pursuant to CPLR 3211 (a) (10) based upon the plaintiff’s alleged failure to join his cotenants as necessary parties as required by this court’s prior ruling in this matter (see, Hansen v Petrone, 124 AD2d 782). The record clearly establishes that the plaintiff, in accordance with this court’s prior decision and order, named both of his cotenants and his landlord in the instant summons and complaint and served those parties forthwith. Thompson, J. P., Rubin, Rosenblatt and Miller, JJ., concur.

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In an action to recover damages, inter alia, for trespass, the defendant Petrone appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Delaney, J.), entered August 23, 1988, as, upon reargument, denied that branch of her motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (10) for failure to join necessary parties.

Ordered that the order is affirmed insofar as appealed from, with costs.

[486]*486The Supreme Court acted properly in denying that branch of the defendant Petrone’s motion which was to dismiss the plaintiffs complaint pursuant to CPLR 3211 (a) (10) based upon the plaintiff’s alleged failure to join his cotenants as necessary parties as required by this court’s prior ruling in this matter (see, Hansen v Petrone, 124 AD2d 782). The record clearly establishes that the plaintiff, in accordance with this court’s prior decision and order, named both of his cotenants and his landlord in the instant summons and complaint and served those parties forthwith. Thompson, J. P., Rubin, Rosenblatt and Miller, JJ., concur.

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Bluebook (online)

159 A.D.2d 485, 552 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 2528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-petrone-nyappdiv-1990.

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