Opinion
March 5, 1990
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court acted properly in denying that branch of the defendant Petrone's motion which was to dismiss the plaintiff's 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 A.D.2d 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.