§ 1001. Necessary joinder of parties.

238 words·~1 min read·/ny/civil-practice-law-rules/parties-generally/1001·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Parties who should be

joined. Persons who ought to be parties if complete relief is to be

accorded between the persons who are parties to the action or who might

be inequitably affected by a judgment in the action shall be made

plaintiffs or defendants. When a person who should join as a plaintiff

refuses to do so he may be made a defendant.

(b)When joinder excused. When a person who should be joined under

subdivision

(a)has not been made a party and is subject to the

jurisdiction of the court, the court shall order him summoned. If

jurisdiction over him can be obtained only by his consent or appearance,

the court, when justice requires, may allow the action to proceed

without his being made a party. In determining whether to allow the

action to proceed, the court shall consider:

1. whether the plaintiff has another effective remedy in case the

action is dismissed on account of the nonjoinder;

2. the prejudice which may accrue from the nonjoinder to the defendant

or to the person not joined;

3. whether and by whom prejudice might have been avoided or may in the

future be avoided;

4. the feasibility of a protective provision by order of the court or

in the judgment; and

5. whether an effective judgment may be rendered in the absence of the

person who is not joined.