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BRAMAN v. TROELSTRA

67 A.D.2d 1070 (1979)

Waters W. Braman, Respondent, v. Harry Troelstra, Appellant

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

February 22, 1979

The plaintiff commenced this action by summons and complaint alleging wrongful interference with a right of way for drainage purposes. By notice of motion dated January 13, 1978, the defendant sought to dismiss the complaint upon the ground that there had been a failure to join necessary parties (CPLR 3211, subd [a], par 10). That motion was denied by order dated February 23, 1978, and the defendant served an answer and a set of...

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