N.Y. CPLR § 1001

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1001 Necessary joinder of parties § 1001. Necessary joinder of parties. (a) Parties who should bejoined. Persons who ought to be parties if complete relief is to beaccorded between the persons who are parties to the action or who mightbe inequitably affected by a judgment in the action shall be madeplaintiffs or defendants. When a person who should join as a plaintiffrefuses to do so he may be made a defendant.(b) When joinder excused. When a person who should be joined undersubdivision (a) has not been made a party and is subject to thejurisdiction of the court, the court shall order him summoned. Ifjurisdiction over him can be obtained only by his consent or appearance,the court, when justice requires, may allow the action to proceedwithout his being made a party. In determining whether to allow theaction to proceed, the court shall consider:1. whether the plaintiff has another effective remedy in case theaction is dismissed on account of the nonjoinder;2. the prejudice which may accrue from the nonjoinder to the defendantor to the person not joined;3. whether and by whom prejudice might have been avoided or may in thefuture be avoided;4. the feasibility of a protective provision by order of the court orin the judgment; and5. whether an effective judgment may be rendered in the absence of theperson who is not joined.