19Oct
Flag on the Play for Illegal Procedure: Necessary Parties and the Pitfalls of Nonjoinder
Failure to name a necessary party when challenging a land use determination may result in dismissal, and leave a challenger without further recourse. CPLR 1003 provides that the nonjoinder of a party who should be joined under CPLR 1001 (i.e. a person ought to be a party if he or she might be inequitably be affected by a judgment in the proceeding), is a ground for dismissal without prejudice....
By:
Farrell Fritz, P.C.
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