Opinion
May 3, 1943.
Order denying plaintiffs' motion to strike out the defense contained in respondents' answer reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Under the express language of section 192 of the Civil Practice Act, the nonjoinder of parties defendant no longer defeats an action. ( Friedman v. Bd. of Education of City of New York, 256 App. Div. 318.) For the same reason it cannot be held that a complaint does not state facts sufficient to constitute a cause of action because of failure to join as defendants all the necessary parties. Other remedies are now furnished. (Civ. Prac. Act, § 193; Rules Civ. Prac. rule 102.) Hagarty, Carswell, Johnston and Lewis, JJ., concur; Adel, J., dissents and votes to affirm the order.