Safena v. Giuliano, 2006-11521
| Court | New York Supreme Court Appellate Division |
| Citation | 53 A.D.3d 650,860 N.Y.S.2d 920,2008 NY Slip Op 6443 |
| Docket Number | No. 2006-11521,2006-11521 |
| Parties | DAVID SAFENA, Appellant, v. GUY G. GIULIANO, Respondent. |
| Decision Date | 29 July 2008 |
v.
GUY G. GIULIANO, Respondent.
In an action, inter alia, to compel the release of money from an escrow account, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated September 15, 2005, as denied his motion for summary judgment on the complaint, with leave to renew after joinder of necessary parties.
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 [1974]), properly denied the plaintiff's motion for summary judgment, with leave to renew upon the nonparties' joinder (see Salomon Bros. Realty Corp. v Alvarez, 22 AD3d 482 [2005]).
The plaintiff's remaining contention is beyond the scope of our review (see CPLR 5515 [1]; Cardinal Holdings v Chandre Corp., 302 AD2d 550, 551 [2003]).
Fisher, J.P., Lifson, Covello and McCarthy, JJ., concur.
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In re Application of Gruber
...of respondent's interest in the subject premises, thereby directly impacting his ownership rights (see generally Safena v Giuliano, 53 A.D.3d 650 [2d Dept 2008]). Complete relief cannot be afforded without respondent's participation in this proceeding, and he and Gina Gruber may be inequita......
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In re Application of Gruber
...of respondent's interest in the subject premises, thereby directly impacting his ownership rights (see generally Safena v Giuliano, 53 A.D.3d 650 [2d Dept 2008]). Complete relief cannot be afforded without respondent's participation in this proceeding, and he and Gina Gruber may be inequita......
-
In re Application of Gruber
...of respondent's interest in the subject premises, thereby directly impacting his ownership rights (see generally Safena v Giuliano, 53 A.D.3d 650 [2d Dept 2008]). Complete relief cannot be afforded without respondent's participation in this proceeding, and he and Gina Gruber may be inequita......
-
In re Application of Gruber
...of respondent's interest in the subject premises, thereby directly impacting his ownership rights (see generally Safena v Giuliano, 53 A.D.3d 650 [2d Dept 2008]). Complete relief cannot be afforded without respondent's participation in this proceeding, and he and Gina Gruber may be inequita......