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MANNUCCI v. MISSIONARY SISTERS OF SACRED HEART OF JESUS

Nos. 7292, 602284/08.

94 A.D.3d 471 (2012)

941 N.Y.S.2d 493

2012 NY Slip Op 2580

MANNUCCIO MANNUCCI, M.D., et al., Appellants, v. THE MISSIONARY SISTERS OF THE SACRED HEART OF JESUS, Respondent.

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

Decided April 5, 2012.

Plaintiffs' claims against defendant are based solely on the theory that defendant is the alter ego of nonparty Cabrini Medical Center. Accordingly, Cabrini is a necessary party to this action (see Stewart Tenants Corp. v Square Indus., 269 A.D.2d 246, 248 [2000]). Although the motion court did not consider whether the action should proceed without Cabrini pursuant to CPLR 1001 (b), the...

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