du Pont-de Bie v. Tredegar Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*611Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered January 3, 2008, which granted the motion and cross motion by defendants Joan de Bie and Tredegar Trust to dismiss the complaint on the ground that trust beneficiaries Joan and her son, Alexis Jr., were necessary parties over whom the court had no jurisdiction, and without whose presence the action should not proceed, unanimously affirmed, with costs.
None of the factors set forth in CPLR 1001 (b) warranted proceeding without the joinder of Joan and Alexis Jr. as necessary parties (see Nowitz v Nowitz, 37 AD3d 788 [2007]).…
2Cases cited1 opinion
- Nowitz v. NowitzAppellate Division of the Supreme Court of the State of New York · 2007