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ODELL v. 704 BROADWAY CONDOMINIUM

301 A.D.2d 438 (2003)

752 N.Y.S.2d 880

MICHAEL ODELL, Appellant, v. 704 BROADWAY CONDOMINIUM et al., Respondents.

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

Decided January 21, 2003.

In view of the absence of prejudice to defendants resulting from plaintiff's joinder of the necessary party less than one month after the deadline set by the motion court for service of an amended complaint, dismissal of the complaint was an improvident exercise of discretion (see Cooper v Shepherd, 280 A.D.2d 337

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