Clarendon Place Corp. v. Landmark Insurance

Rosenberger, J. (dissenting).

I would modify the order by deeming the defendant Public Administrator’s motion pursuant to CPLR 2221 to be a motion for permissive joinder pursuant to CPLR 1002, and by granting the motion joining the Public Administrator as a party plaintiff, and would otherwise affirm.

The plaintiffs owned the premises in which 87 people were *11killed at the Happyland Social Club and instituted this action for a judgment declaring that the insurance company defendants were obligated to defend and indemnify them in connection with lawsuits arising from the fire. The insurance…