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ANDERSON v. NIAGARA MOHAWK POWER CORPORATION

265 A.D.2d 817 (1999)

696 N.Y.S.2d 736

JOSEPH M. ANDERSON, Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Appellant.

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

Decided October 1, 1999.

Order insofar as appealed from unanimously reversed on the law without costs, motions granted and complaint dismissed.

Memorandum:

Supreme Court should have granted the motion of defendant to renew its prior motion to dismiss the complaint for failure to join the Tuscarora Indian Nation as a necessary party to this action, and, upon renewal, should have granted the prior motion and dismissed the complaint (see, Niagara Mohawk Power Corp. v Anderson,

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