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MATTER OF STEPHEN & MARK 53 ASSOCIATES LLC v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

8040. 151696/17.

168 A.D.3d 440 (2019)

91 N.Y.S.3d 396

2019 NY Slip Op 00072

In the Matter of Stephen & Mark 53 Associates LLC, Appellant, v. New York City Department of Environmental Protection et al., Respondents.

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

Decided January 8, 2019.

This Court affirms the dismissal of the proceeding on an alternative basis argued to but not reached by the motion court (see Chanin v Machcinski, 139 A.D.3d 490 [1st Dept 2016]). Petitioner's failure to join as a party the condominium board, which installed the backflow prevention device in dispute, constitutes a failure to join a necessary party (see Matter of Ferrando v New York City Bd. of Stds. & Appeals, ...

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