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TOWN OF BROOKHAVEN v. LUFKER

266 A.D.2d 387 (1999)

697 N.Y.S.2d 535

TOWN OF BROOKHAVEN, Respondent, v. LOUIS LUFKER et al., Appellants.

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

Decided November 15, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the New York State Commissioner of Transportation is not a necessary party to this action. Complete relief can be afforded to the parties without the Commissioner's participation in the action, and the Commissioner would not be inequitably affected by a judgment in the action (see, CPLR 1001 [a]; Buckley v National Frgt.,

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