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HYLTON v. WTC TOWER 1 LLC

Index No. 156171/19. Appeal No. 721. Case No. 2022-04359.

220 A.D.3d 443 (2023)

197 N.Y.S.3d 185

2023 NY Slip Op 05036

Dianna Hylton, Respondent, v. WTC Tower 1 LLC et al., Defendants, and Thyssenkrupp Elevator Corporation, Appellant.

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

Decided October 5, 2023.

Attorney(s) appearing for the Case

Kaufman Dolowich Voluck, LLP, Woodbury ( Jorja Carr-Knecht of counsel), for appellant.

Kahn Gordon Timko & Rodriques, New York ( Robert A. O'Hare, Jr. of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered September 15, 2022, which denied Thyssenkrupp Elevator Corporation's motion to dismiss the complaint for failure to join a necessary party, unanimously affirmed, without costs.

The court correctly determined that Conde Nast Publications, Inc. was not a necessary or indispensable party because no legal or factual basis was cited by Thyssenkrupp to assert a claim against it and consideration of Conde...

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