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BHOLA v. SMALL

31 A.D.3d 474 (2006)

818 N.Y.S.2d 260

LINDA BHOLA, Respondent, v. MARIETTA SMALL, Defendant. DAMIAN MARK et al., Nonparty Appellants.

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

July 11, 2006.

Ordered that the order is affirmed, with costs.

Given that the administrator of the decedent's estate was named in this action, the failure to join the appellants did not deprive the Supreme Court of jurisdiction (see CPLR 1004; see generally CPLR 1001; Real Property Actions and Proceedings Law § 903). Accordingly, the Supreme Court properly denied that branch of the appellants' motion which was to vacate...

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