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SAFENA v. GIULIANO

2006-11521.

2008 NY Slip Op 06443

DAVID SAFENA, appellant, v. GUY G. GIULIANO, respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 29, 2008.

Attorney(s) appearing for the Case

Ronald Cohen, New York, N.Y., for appellant.

David Zaslavsky, PLLC, New York, N.Y., for respondent.

Before: STEVEN W. FISHER, J.P., ROBERT A. LIFSON, JOSEPH COVELLO, WILLIAM E. McCARTHY, JJ.

DECISION & ORDER

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 N.Y.2d 272, 282), properly denied the plaintiff's motion for summary judgment, with leave to renew upon the nonparties...

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