Nonjoinder of a party who should be joined under section 1001 is a ground for dismissal of an action without prejudice unless the court allows the action to proceed without that party under the provisions of that section. Misjoinder of parties is not a ground for dismissal of an action. Parties may be added at any stage of the action by leave of court or by stipulation of all parties who have appeared, or once without leave of court within twenty days after service of the original summons or at anytime before the period for responding to that summons expires or within twenty days after service of a pleading responding to it. Parties may be dropped by the court, on motion of any party or on its own initiative, at any stage of the action and upon such terms as may be just. The court may order any claim against a party severed and proceeded with separately.
§ 1003.Nonjoinder and misjoinder of parties.
Article 10. Parties Generally · Last amended 1996 · Last verified July 21, 2026
In one sentenceCPLR 1003 makes nonjoinder of a required party grounds for dismissal without prejudice unless the court excuses it, treats misjoinder as no ground for dismissal at all, and sets the timelines and procedures for adding or dropping parties.
Full Text of CPLR 1003
Plain-English Summary
CPLR 1003 spells out the consequences when a lawsuit has the wrong people in it, or is missing the right ones. Leaving out a party who should have been joined under CPLR 1001 can get the case dismissed, but only without prejudice, and only if the court hasn't excused the omission under 1001(b). Naming the wrong party, or too many parties, carries no such penalty; misjoinder alone is never grounds for dismissal.
The rule also sets out how to fix a party list mid-case. A party can be added at any stage of the action, either with the court's permission or by agreement of every party who has already appeared. There is also a narrower window that requires neither: a plaintiff may add a party without leave of court within twenty days after serving the original summons, or any time before the deadline to respond to that summons runs, or within twenty days after service of a responsive pleading.
Dropping a party works the other way. The court can drop a party on its own initiative or on any party's motion, at any point in the case, on whatever terms are just. And if one claim against a party doesn't belong with the rest of the case, the court can sever it and let it proceed on its own.
Frequently Asked Questions
What is the difference between misjoinder and nonjoinder in New York?
Nonjoinder means a required party under CPLR 1001 was left out of the case, which can lead to dismissal without prejudice; misjoinder means the wrong party, or an extra party, was named, which under CPLR 1003 is never grounds for dismissal.
Can I add a party to my New York lawsuit without asking the court?
Yes, within limits. CPLR 1003 lets a party be added without leave of court within twenty days after service of the original summons, before the deadline to respond to it expires, or within twenty days after service of a responsive pleading.
Can a New York court drop a party from a lawsuit?
Yes. CPLR 1003 lets the court drop a party at any stage of the action, on motion of any party or on its own initiative, on terms the court finds just.
Is nonjoinder grounds for dismissal in New York?
It can be. CPLR 1003 makes nonjoinder of a party required under CPLR 1001 a ground for dismissal without prejudice, unless the court has already allowed the case to proceed without that party.
Can a New York court sever a claim against one defendant?
Yes. CPLR 1003 gives the court authority to order any claim against a party severed and litigated separately from the rest of the action.
Advisory Committee Notes
Cf. CPA § 192; RCP 102; Fed R Civ P 21. The objection of nonjoinder of an indispensable party is never waived since the court should protect the interests of such persons no matter how or when their nonjoinder is pointed out. Cf. Fed R Civ P 12(h). While there is no specific time provision for other party objections, the permissive language in the next to last sentence allows these to be overruled on the ground of unreasonable delay. See 3 Moore, Federal Practice 2905–06 (Supp 1955). The last three sentences were taken verbatim from Federal rule 21. The first sentence is included here, since it is contemplated that the rules relating to motion practice will not deal with party motions.
Amendment History
Add, L 1962, ch 308; amd, L 1964, ch 388, § 4; L 1996, ch 39, § 2, eff April 2, 1996.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1003 New Yorkmisjoinder of parties New Yorknonjoinder New York lawsuitadding a party to a lawsuit New Yorkdropping a party from a lawsuit New Yorkamend to add party without leave of courtdismissal for nonjoinder CPLR