Associated Dry Goods Corp. v. Towers Financial Corp

920 F.2d 1121 (2nd Cir. 1990)

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Nature of the Case

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Facts

Associated (P) sued Towers (D) to recover damages for a failure to pay rent as required in a sublease agreement. P also sought a declaratory judgment regarding the extent of its obligation to supply D with electrical service. D moved to dismiss the complaint for a failure to join an indispensable party under Rule 12(b)(7). P failed to join the building's landlord, 417 Fifth Avenue Corp. During the pendency of the Rule, 12(b) and summary judgment motions D sued P and 417 Fifth Avenue Corp. The district court granted the motion and P appealed.