Mannucci v. Missionary Sisters of the Sacred Heart of Jesus

Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 5, 2011, which, to the extent appealed from, granted defendant’s motion to dismiss the amended complaint without prejudice and with leave to replead, unanimously affirmed, without costs.

Plaintiffs’ claims against defendant are based solely on the theory that defendant is the alter ego of nonparty Cabrini Medical Center. Accordingly, Cabrini is a necessary party to this action (see Stewart Tenants Corp. v Square Indus., 269 AD2d 246, 248 [2000]). Although the motion court did not consider whether the action should…