This is a motion to dismiss, made pursuant to CPLR 3211 (subd. [a], par. 10), on the ground that the plaintiffs' fire insurance carrier is a real party in interest herein because it is subrogated to certain of plaintiffs' rights, and, it not having been joined, the "court should not proceed" in its absence.
Following destruction of plaintiffs' house by fire on August 23, 1970, plaintiffs executed a "loan receipt" in...
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