Nixon v. Barrow
Cases that cite this one
2 later published cases cite this decision.
- Fagan v. Nowitz (Appellate Division of the Supreme Court of New York 2009)
- Home Federal Savings Bank v. Versace (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to set aside a deed, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Held, J.), dated April 19, 1996, as granted the motion of the defendants Brenda G. Barrow, Cheryl L. Smith, Heather Mitchel, and United States Trust Company of New York for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
• We agree with the Supreme Court that the plaintiff failed to join a necessary and indispensable party to this action (see, CPLR 1001; see also, Ahders v Ahders, 176 AD2d 230; McLaughlin v McLaughlin, 155 AD2d 418). Moreover, because the applicable Statute of Limitations has expired (see, Piedra v Vanover, 174 AD2d 191), the court properly dismissed the action against the respondents. Rosenblatt, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.