In such case, the class action would fail as well. (82 NY Jur2d, Parties, § 267; see Banks v. County of Suffolk, 133 AD2d 438; Estruch v. Volkswagenwerk, 97 AD2d 978; Funderburke v. Uniondale Union Free Sch. Dist. No. 15, 172 Misc 2d 963, 967, aff'd 251 AD2d 622).