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HORWITZ v. SAX

16 A.D.3d 161 (2005)

792 N.Y.S.2d 383

LANNY A. HORWITZ et al., Appellants, v. CARL A. SAX et al., Respondents, et al., Defendant.

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

March 8, 2005.

Plaintiffs do not dispute that nominal defendant Edward Baroudi, a resident of France, is a necessary party and it is evident that there exists no jurisdictional predicate for joining him in the action. Accordingly, dismissal was warranted because New York courts lack jurisdiction over a necessary party and there is an alternative forum available in Gibraltar, where, it appears, all indispensable parties can been joined (see CPLR 1001 [b]; and see e.g. Matter of...

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