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JOHN HANCOCK MUT. LIFE INS. CO. v. 491-499 SEVENTH AVE. ASSOCS.

220 A.D.2d 208 (1995)

632 N.Y.S.2d 10

John Hancock Mutual Life Insurance Company, Respondent, v. 491-499 Seventh Avenue Associates, Appellant, et al., Defendants

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

October 3, 1995

Summary judgment was not precluded by nonjoinder of the building's tenants, who were "necessary" parties only in the sense that their subordinate interests could be adversely affected only if they were joined, and not in the sense of being indispensable (see, Scharaga v Schwartzberg, 149 A.D.2d 578, 579 [explaining RPAPL 1311]; see, also, Marine Midland Bank v Freedom Rd. Realty Assocs., 203...

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