Commencing a New York Lawsuit: The Parties | Practical Law
A Practice Note outlining the key issues for plaintiff's counsel to consider in deciding who to name as plaintiffs and defendants in a New York state court lawsuit. Specifically, this Note addresses best practices to follow in determining whether any ethical barriers prevent counsel from representing the plaintiff; how to properly identify all potential parties to the suit, including issues to consider when conducting a background check on the parties; how a particular party's presence in the case (for example, governmental defendants, corporate parties, plaintiffs proceeding anonymously, and unknown "John Doe" defendants) may affect the litigation; whether the plaintiff is a real party in interest with legal capacity and standing to sue; whether the court may exercise personal jurisdiction over the defendant; and whether there are any necessary parties who must also be named in the suit.