Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, the branch of the defendants' motion which was to dismiss the complaint for failure to join a necessary party is denied, so much of the order as, in effect, denied, as academic, the remaining branches of the defendants' motion is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a determination on the merits of the remaining branches of the defendants...
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