Colligan v. Caprio

The defendants move to dismiss pursuant to subdivision 7 of 3211 CPLR on the ground that the complaint fails to state a cause of action, to dismiss pursuant to subdivision 10 of 3211 CPLR on the ground that the court ‘1 should not proceed in the absence of a person who should be a party, or in the alternative the Court should not permit this action to proceed until said person is made a party defendant under CPLR 1001.”

The complaint alleges that the plaintiff and the defendants entered into an agreement of copartnership; that the parties as copartners entered upon the performance of that…