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First United Methodist Church of Syracuse v. City of Syracuse

152 A.D.2d 988 Court N.Y. App. Div. Decision date 1989-07-12 Docket Appeal No. 3 English

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p. 988
First United Methodist Church of Syracuse et al., Respondents, and Roman Catholic Diocese of Syracuse et al., Intervenors-Respondents, v City of Syracuse et al., Defen
p. 989
dants, and Downtown Committee of Syracuse, Proposed Intervenor-Appellant.
(Appeal No. 3.)

Order unanimously affirmed without costs. Memorandum: We agree with Special Term’s denial of the application of the Downtown Committee to intervene in this action. The Downtown Committee is not a necessary party and it will not be bound by the judgment herein. The Committee seeks to duplicate the city’s representation in this lawsuit as evidenced by its proposed answer, which merely reasserts all the same positions advanced by the city. (Appeal from order of Supreme Court, Onondaga County, Murphy, J. — summary judgment.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.