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GENERAL ELECTRIC CAPITAL CORPORATION v. PACHECO & LUGO, P.L.L.C.

300 A.D.2d 185 (2002)

750 N.Y.S.2d 861

GENERAL ELECTRIC CAPITAL CORPORATION, Respondent, v. PACHECO & LUGO, P.L.L.C., Appellant.

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

Decided December 24, 2002.

In this breach of contract action brought by the assignee of the lessor against the lessee for the lessee's failure to perform its payment obligations under an equipment lease, the motion court properly denied the motion to dismiss the complaint pursuant to CPLR 1001 and 1003 for failure to join the equipment lessor as a necessary and indispensable party. Consideration of the lessor's interests is manifestly unnecessary to the adjudication of this nonpayment action (see...

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