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SAFENA v. GIULIANO

53 A.D.3d 650 (2008)

860 N.Y.S.2d 920

DAVID SAFENA, Appellant, v. GUY G. GIULIANO, Respondent.

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

Decided July 29, 2008.

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

The Supreme Court, which correctly concluded that certain nonparties were necessary parties to the action (see CPLR 1001 [a]; cf. Matter of Lezette v Board of Educ., Hudson City School Dist., 35 N.Y.2d 272, 282 [1974]), properly denied the plaintiff's motion for summary judgment, with leave to renew upon the nonparties' joinder (see Salomon...

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