NIXON v. BARROW

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the plaintiff failed to join a necessary and indispensable party to this action ( see, CPLR 1001; see also, Ahders v. Ahders, 176 A.D.2d 230; McLaughlin v. McLaughlin, 155 A.D.2d 418). Moreover, because the applicable Statute of Limitations has expired ( see, Piedra v Vanover, 174 A.D.2d 191), the court properly dismissed the action against the respondents.

Rosenblatt, J.P., Sullivan, Pizzuto and Friedmann, JJ., concur.