New York Laws
Article 10 - Parties Generally
1001 - Necessary Joinder of Parties.

(b) When joinder excused. When a person who should be joined under
subdivision
(a) has not been made a party and is subject to the
jurisdiction of the court, the court shall order him summoned. If
jurisdiction over him can be obtained only by his consent or appearance,
the court, when justice requires, may allow the action to proceed
without his being made a party. In determining whether to allow the
action to proceed, the court shall consider:
1. whether the plaintiff has another effective remedy in case the
action is dismissed on account of the nonjoinder;
2. the prejudice which may accrue from the nonjoinder to the defendant
or to the person not joined;
3. whether and by whom prejudice might have been avoided or may in the
future be avoided;
4. the feasibility of a protective provision by order of the court or
in the judgment; and
5. whether an effective judgment may be rendered in the absence of the
person who is not joined.

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