CUSHING-MURRAY v. ADAMS


49 A.D.2d 874 (1975)

Geoffrey Cushing-Murray et al., on Behalf of Themselves and All Other Beneficiaries of The Jonathan Holden Trust, Respondents-Appellants, v. Janet Adams, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 6, 1975


Order modified, by deleting therefrom the second decretal paragraph, which imposed the above-mentioned condition. As so modified, order affirmed, with $20 costs and disbursements to defendant.

The dismissal of an action or proceeding for failure to join a necessary party may not be conditioned upon the movant's stipulating to submit to a foreign jurisdiction (see CPLR 1001, 1003).

Shapiro, J., dissents and votes to affirm, without modification...

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