Augur v. Augur

Plaintiff commenced this action against defendant Raymond Auger (hereinafter defendant), his father, to impose a construc*1343tive trust on certain real property owned by his parents. Upon defendant’s motion for summary judgment, Supreme Court, sua sponte, deemed defendant’s mother a necessary party given the undisputed fact that the property at issue was owned by plaintiffs parents as tenants by the entirety. The court added the mother as a party to the action and proceeded, by the same order, to grant summary judgment dismissing the complaint.

Plaintiff served defendant with the notice of appeal,…