Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Held, J.).
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 A.D.2d 230; McLaughlin v. McLaughlin, 155 A.D.2d 418). Moreover, because the applicable Statute of Limitations has expired ( see, Piedra v Vanover, 174 A.D.2d 191), the court properly dismissed the action against the respondents.
Rosenblatt, J.P., Sullivan, Pizzuto and Friedmann, JJ., concur.