Anderson v. Niagara Mohawk Power Corp.

—Order insofar as appealed from unanimously reversed on the law without costs, motions granted and complaint dismissed. Memorandum: Supreme Court should have granted the motion of defendant to renew its prior motion to dismiss the complaint for failure to join the Tuscarora Indian Nation as a necessary party to this action, and, upon renewal, should have granted the prior motion and dismissed the complaint (see, Niagara Mohawk Power Corp. v Anderson, 258 AD2d 958; Anderson v Town of Lewiston, 244 AD2d 965, appeal dismissed 91 NY2d 920). We therefore reverse the order insofar as appealed from,…