40 A.D.2d 940 | N.Y. App. Div. | 1972
— Judgment unamiously affirmed, with costs. Memorandum: In this action for specific performance for alleged breach of an agreement to assume and pay the debts of another the appellant contends for the first time on appeal that the two creditors on whose behalf respondent brought this suit were necessary parties and that their nonjoinder required dismissal of the complaint. CPLR 1001 requires joinder of all parties “ who ought to be parties if complete relief is to be accorded between the persons who are parties to the action or who