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Court of Appeals of New York


Windy Ridge Farm v. Assessor of the Town of Shandaken, 190 SSM 19

Dismissal of a civil action for failure to join necessary parties is affirmed where: 1) the expiration of a statute of limitations was not a jurisdictional defect preventing the summoning of the parties by the court, but rather an affirmative defense; and 2) the parties in question were therefore subject to the jurisdiction of the courts and the cause was subject to dismissal for failure to join them as necessary parties.

Appellate Information

  • Decided 08/28/2008
  • Published 08/28/2008

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  • Court of Appeals of New York

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