¶1The plaintiffs first cause of action, which sounds in trespass, was properly dismissed by Special Term for failure to join as necessary party defendants, the plaintiffs cotenants and the landlord of the premises (CPLR 1001 [a]; 3211 [a] [10]). While those parties are not necessary parties with respect to the plaintiffs second cause of action, which sounds in either abuse of process, malicious prosecution or intentional infliction of emotional distress, nonetheless, all of such claims are governed by a one-year Statute of Limitations, are time barred, and accordingly, the second cause of action must be dismissed as well (CPLR 215; Pico Prods. v Eagle Comtronics, 96 AD2d 736). Mollen, P. J., Brown, Weinstein and Rubin, JJ., concur.
124 A.D.2d 782
Hansen v. Petrone
Appellate Division of the Supreme Court of the State of New York
Decided November 24, 1986
Appellate Division of the Supreme Court of the State of New York · decided 1986-11-24
Good law ✅— No negative treatment on recordhow we know
Decided 1986-11-24
How this case has been cited
Cited by 6 later decisions — most recently September 2013
1 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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