Legal Opinion
Associated Dry Goods Corp. v. Towers Financial Corp.
District Court, S.D. New York
Decided July 10, 1989No. 88 Civ. 9178 (RWS)PublishedCited by 2 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
Defendant Towers Financial Corporation (“Towers” or the “Subtenant”) has moved under Rules 12(b)(7) and 19 of the Federal Rules of Civil Procedure to dismiss the complaint of plaintiff Associated Dry Goods Corporation (“ADG” or the “Tenant”) for failure to join 417 Fifth Avenue Realty Company (“417 Fifth” or the “Landlord”) as an indispensable party. ADG has cross-moved for summary judgment under Rule 56, Fed.R.Civ.P. For the reasons set forth below, the motion of Towers is granted, that of ADG denied, and the complaint will be dismissed.
The Parties
ADG is a…
2Cases cited9 opinions
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Hoffritz for Cutlery, Inc. And Edwin Jay, Inc. v. Amajac, Ltd. And Jack E. AyersCourt of Appeals for the Second Circuit · 1985
- Nathaniel P. Broussard v. Columbia Gulf Transmission CompanyCourt of Appeals for the Fifth Circuit · 1968
- Ward v. Deavers Young v. WardCourt of Appeals for the D.C. Circuit · 1953
- Lucile Hansen v. Peoples Bank of Bloomington as Trustee of the Trust of Olga J. Nydegger and A. W. AugspurgerCourt of Appeals for the Seventh Circuit · 1979
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3Cited by2 opinions
- Associated Dry Goods Corporation v. Towers Financial CorporationCourt of Appeals for the Second Circuit · 1990
- Associated Dry Goods Corporation v. Towers Financial CorporationCourt of Appeals for the Second Circuit · 1990