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necessary party |
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necessary party n. a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). In this rare technical situation, a necessary party who is not in the suit differs from an "indispensable party," who must be joined if the lawsuit is to proceed, and from a "proper party" who could be joined but is not essential. (See: indispensable party, proper party) |
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It is an appropriate remedy for a purchaser at a foreclosure sale, (such as EDEA), in which a necessary party was not named in the foreclosure action, to seek to re-foreclose pursuant to statute (Real Property Action and Proceeding Law [ss] 1503). The Company was named as a necessary party to the lawsuit since the lawsuit was brought on the Company's behalf by a shareholder. As a result, the nephew moved to dismiss the holdover, claiming, in addition to his own succession defense, that the owner had failed to name his father as a necessary party. |
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necessary party