April 25, 2016

In a case of first impression, the Supreme Court, Suffolk County has concluded that an Industrial Development Agency (IDA) that is in record ownership of a parcel is a necessary party to an ejectment action brought by a plaintiff claiming to be the “beneficial owner” of the property against a defendant who raises adverse claims of title, in JKJ Marine LLC v. 1320 Entertainment Inc., Suffolk Index No. 62514/14.   The defendant argued that the IDA, as record owner, must be joined in the action, but the plaintiff claimed that the IDA was just a nominal owner and was uninterested in the action.   After conducting a hearing to determine the issue, the Court (Hon. Paul J. Baisley, Jr.) concluded that the IDA was a necessary party and ordered that it be joined in the action.