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Falanga v. Berti

65 N.Y.S. 1132 Court N.Y. App. Term Decision date 1900-06-13 English

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p. 1132
FALANGA, Appellant, v. BERTI, Respondent.
(Supreme Court, Appellate Term.
June 13, 1900.)

Headnote

Action by Luigi Falanga against Enrico P. Berti. From a judgment in favor of defendant, plaintiff appeals. Affirmed. John Palmieri, for appellant. John T. Fenlon, for respondent.

The lease provides that the deposit is to be made by the parties of the second part. It further provides that Felice La Rocca is made one of the parties of the second part. We think, therefore, she was a necessary party, and the failure to join her warranted a dismissal of the complaint. The judgment should therefore be affirmed, with costs.