
    Luigi Falanga, Appellant, v. Enrico P. Berti, Respondent.
    Appeal from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan.
    
      John Palmieri, for appellant.
    John T. Eenlon, for respondent.
   Per Curiam.

The lease provides that' the deposit is to he made by the parties of the second part. It further provides that Felice La Rocca is made one of the parties of the second part. We think, therefore, she was a necessary party, and the failure to join her warranted a dismissal of the complaint.

The judgment should, therefore, he affirmed, with costs.

Present: Bebkman, P. J., Giegebich and O’Gobmah, JJ.

Judgment affirmed, with costs.  