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SAFENA v. GIULIANO
Appellate Division of the Supreme Court of New York, Second Department.
Jul 29, 2008
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Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court, which correctly concluded that certain nonparties were necessary parties to the action ( see CPLR 1001 [a]; cf. Matter of Lezette v Board of Educ., Hudson City School Dist., 35 NY2d 272, 282), properly denied the plaintiffs motion for summary judgment, with leave to renew upon the nonparties' joinder ( see Salomon Bros. Realty Corp. v Alvarez, 22 AD3d 482).
The plaintiffs remaining contention is beyond the scope of our review ( see CPLR 5515; Cardinal Holdings v Chandre Corp., 302 AD2d 550, 551).
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