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SAFE HAVEN PROPERTIES LLC v. MADISON GREEN CONDOMINIUM

150242/17. 11516. 11515.

183 A.D.3d 460 (2020)

2020 NY Slip Op 02879

Safe Haven Properties LLC, Formerly Known as Safe Haven Properties Ltd., et al., Appellants, v. Madison Green Condominium et al., Respondents. (And a Third Party Action.)

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

Decided May 14, 2020.

Plaintiffs properly named Lozano as a party to this action in her capacity as representative of Madison Green Condominium (Condo), an unincorporated association (see CPLR 1025; General Associations Law § 13; Martin v Curran, 303 N.Y. 276, 280-281 [1951]).

Defendants argue that Lozano was not a necessary party because they have not challenged the court's jurisdiction. However, whether or not defendants would have elected...

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