Blogs

Posts Categorized: Intervention/Joinder

Posted: January 22, 2016

Proposed Intervenors, Who Knew About Action For Over a Year, Properly Denied Intervention

On January 14, 2016, the First Department issued a decision in Matter of HSBC Bank U.S.A., 2016 NY Slip Op. 00269, affirming the denial of a motion for intervention, explaining: Consideration of any motion to intervene begins with the question of whether the motion is timely, and the IAS court properly denied the motion on… Read more »

Posted: June 21, 2015

Intervention Not Allowed Because of Lack of Substantial Interest in Litigation

On June 11, 2015, the First Department issued a decision in Acadia Realty L.P. v. Ringel, 2015 NY Slip Op. 04950, affirming a trial court decision denying a motion for intervention. In Acadia Realty, the would-be intervenor (“RCG”) sought to intervene in order to vacate a default judgment that had been entered against a group… Read more »

Posted: June 30, 2014

Litigation Trustee Denied Intervention in Lawsuit Between Insureds and Insurers

On June 18, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in American Casualty Co. of Reading, PA v. Gelb, 2014 NY Slip Op. 31597(U), denying a motion for intervention. In American Casualty Co., the plaintiff insurers sought a declaration that the insurance policies they had issued to Lyondell Chemical… Read more »

Posted: March 18, 2014

Defaulting Defendant’s Insurer Has Standing To Intervene

On March 6, 2014, Justice Friedman of the New York County Commercial Division issued a decision in CMS Life Insurance Opportunity Fund, L.P. v. Progressive Capital Solutions, LLC, 2014 NY Slip Op. 30592(U), granting a defendant’s insurer’s motion to intervene. In CMS Life Insurance Opportunity Fund, the plaintiffs filed their second amended complaint against Progressive… Read more »