SCHAFFER v. LANDOLFO (2006)

Supreme Court, Appellate Division, Third Department, New York.

Lea SCHAFFER et al., Respondents, v. Pamela M. LANDOLFO et al., Appellants.

Decided: March 02, 2006

Before: SPAIN, J.P., CARPINELLO, MUGGLIN, ROSE and LAHTINEN, JJ.

Jones Ferradino, Saratoga Springs (M. Elizabeth Coreno of counsel), for appellants. David A. Harper, Saratoga Springs, for respondents.

Appeals (1) from an order and amended order of the Supreme Court (Williams, J.), entered July 1, 2005 in Saratoga County, which granted plaintiffs' motion for a preliminary injunction, and (2) from an order of said court, entered September 28, 2005 in Saratoga County, which denied defendants' motion to dismiss the complaint.

Among other requested relief, plaintiffs seek a determination concerning their claims to a particular right of way to the shore of Lake Nancy in Saratoga County. However, plaintiffs concede that they failed to join necessary parties, namely, various property owners with rights to the same right of way. Since all necessary parties have not been joined, defendants' motion to dismiss on this ground should have been granted (see Hitchcock v. Boyack, 256 A.D.2d 842, 844, 681 N.Y.S.2d 659 [1998]; see also CPLR 1001[a]; 1003).

ORDERED that the orders and amended order are reversed, on the law, with costs, plaintiffs' motion denied, defendants' motion granted and complaint dismissed.

CARPINELLO, J.

SPAIN, J.P., MUGGLIN, ROSE and LAHTINEN, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law