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Flanagan v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1977
56 A.D.2d 574 (N.Y. App. Div. 1977)

Opinion

February 7, 1977


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, N Y 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.


Summaries of

Flanagan v. Board of Education

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1977
56 A.D.2d 574 (N.Y. App. Div. 1977)
Case details for

Flanagan v. Board of Education

Case Details

Full title:PETER C. FLANAGAN, Respondent, v. BOARD OF EDUCATION, COMMACK UNION FREE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 7, 1977

Citations

56 A.D.2d 574 (N.Y. App. Div. 1977)

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