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ANDERSON v. TOWN OF LEWISTON

244 A.D.2d 965 (1997)

665 N.Y.S.2d 164

Joseph M. Anderson et al., Appellants, v. Town of Lewiston et al., Respondents

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

November 19, 1997

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motion to dismiss the complaint for failure to join the Tuscarora Indian Nation (Indian Nation) as a necessary party (see, CPLR 3211 [a] [10]). Plaintiffs have been receiving water service at a location near their homes in respondent Town of Lewiston (Town) and diverting it to nearby businesses of plaintiff Joseph M. Anderson on the reservation of the Indian...

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