Nassau County District Court July 22, 1964 (Colligan v. Caprio)

Bernard Tomson, J.

The defendants move to dismiss pursuant to subdivision 7 of 3211 CPLR on the ground that the complaint fails to state a cause of action, to dismiss pursuant to subdivision 10 of 3211 CPLR on the ground that the court ‘1 should not proceed in the absence of a person who should be a party, or in the alternative the Court should not permit this action to proceed until said person