Gran Sabana Corp., N.V. v. Midtown Gourmet Food Market, Inc.

OPINION OF THE COURT

Order dated March 14, 2002 reversed with $10 costs, appellants’ motion to vacate the default judgment is granted, and the matter is remanded for farther proceedings on the petition consistent with this decision.

Appeal from order dated February 28, 2002 dismissed, without costs, as academic.

The default judgment must be vacated because of landlord’s failure to name and join a necessary party, appellant K&G Food Market, Inc. K&G, the tenant under a commercial lease for the sale of fancy groceries and other items, sold its assets and assigned the lease to respondent Midtown…