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DU PONT-DE BIE v. TREDEGAR TRUST COMPANY

61 A.D.3d 610 (2009)

877 N.Y.S.2d 331

ALEXIS I. DU PONT-DE BIE, SR., Appellant, v. TREDEGAR TRUST COMPANY et al., Respondents, et al., Defendant.

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

Decided April 30, 2009.

None of the factors set forth in CPLR 1001 (b) warranted proceeding without the joinder of Joan and Alexis Jr. as necessary parties (see Nowitz v Nowitz, 37 A.D.3d 788 [2007]). First of all, plaintiff has an alternative forum for relief in Virginia, where issues pertaining to the trust have been litigated for over a decade. In its May 19, 2004 order, the Virginia court directed the parties to "undertake to settle all remaining issues...

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