Opinion
October 3, 1995
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
Summary judgment was not precluded by nonjoinder of the building's tenants, who were "necessary" parties only in the sense that their subordinate interests could be adversely affected only if they were joined, and not in the sense of being indispensable ( see, Scharaga v. Schwartzberg, 149 A.D.2d 578, 579 [explaining RPAPL 1311]; see, also, Marine Midland Bank v Freedom Rd. Realty Assocs., 203 A.D.2d 538, 539; Lewis v Rodriguez, 155 Misc.2d 12, 16-17).
Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Asch, JJ.