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This entry was published on 2014-09-22
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Necessary joinder of parties
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 1001. Necessary joinder of parties. (a) Parties who should be
joined. Persons who ought to be parties if complete relief is to be
accorded between the persons who are parties to the action or who might
be inequitably affected by a judgment in the action shall be made
plaintiffs or defendants. When a person who should join as a plaintiff
refuses to do so he may be made a defendant.

(b) When joinder excused. When a person who should be joined under
subdivision (a) has not been made a party and is subject to the
jurisdiction of the court, the court shall order him summoned. If
jurisdiction over him can be obtained only by his consent or appearance,
the court, when justice requires, may allow the action to proceed
without his being made a party. In determining whether to allow the
action to proceed, the court shall consider:

1. whether the plaintiff has another effective remedy in case the
action is dismissed on account of the nonjoinder;

2. the prejudice which may accrue from the nonjoinder to the defendant
or to the person not joined;

3. whether and by whom prejudice might have been avoided or may in the
future be avoided;

4. the feasibility of a protective provision by order of the court or
in the judgment; and

5. whether an effective judgment may be rendered in the absence of the
person who is not joined.