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This entry was published on 2014-09-22
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Nonjoinder and misjoinder of parties
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 1003. Nonjoinder and misjoinder of parties. Nonjoinder of a party
who should be joined under section 1001 is a ground for dismissal of an
action without prejudice unless the court allows the action to proceed
without that party under the provisions of that section. Misjoinder of
parties is not a ground for dismissal of an action. Parties may be added
at any stage of the action by leave of court or by stipulation of all
parties who have appeared, or once without leave of court within twenty
days after service of the original summons or at anytime before the
period for responding to that summons expires or within twenty days
after service of a pleading responding to it. Parties may be dropped by
the court, on motion of any party or on its own initiative, at any stage
of the action and upon such terms as may be just. The court may order
any claim against a party severed and proceeded with separately.