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MASON TENDERS DISTRICT COUNCIL WELFARE FUND v. DIAMOND CONSTRUCTION & MAINTENANCE, INC.

2010-08135.

84 A.D.3d 754 (2011)

922 N.Y.S.2d 789

MASON TENDERS DISTRICT COUNCIL WELFARE FUND et al., Respondents, v. DIAMOND CONSTRUCTION & MAINTENANCE, INC., et al., Defendants. DEUTSCHE BANK NATIONAL TRUST COMPANY, Nonparty Appellant.

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

Decided May 3, 2011.

Ordered that the order is affirmed, with costs.

"Persons who ought to be parties if complete relief is to be accorded between the persons who are parties to the action or who might be inequitably affected by a judgment in the action shall be made plaintiffs or defendants" (CPLR 1001 [a]). This statute "limit[s] the scope of indispensable parties to those cases and only those cases where the determination of the court will...

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