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GROSS v. BFH CO., INC.

151 A.D.2d 452 (1989)

Barbara Gross et al., Respondents, v. Bfh Co., Inc., et al., Appellants, and Town of North Salem et al., Respondents, et al., Defendants

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

June 1, 1989

Ordered that the order is affirmed, with costs to the plaintiffs.

On appeal, the appellants contend that the court erred in holding that they waived their objection to the plaintiffs' failure to obtain leave pursuant to CPLR 3025 (b) and 1003 to serve a supplemental summons and complaint joining them as parties to the action. Unless waived, such a failure normally requires dismissal of the action against a party so joined (see, Camacho v New York City Tr...

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