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September 6, 2024
Motion to Intervene Granted Where Lender Had A Contractual, Current Right To Cure The Tenant’s Default
On May 7, 2024, Justice Andrew Borrok granted a lender’s motion to intervene in an owner-tenant dispute on the basis that the lender had a contractual, current right to cure any default by the tenant. In NG Crown 20 E. 46th Street LLC v. 18-20/22 East 46th Street LLC, Index No. 656817/2022, the lease in dispute provided that, in the event of a default by the tenant, the lender has “certain current rights,” including the right to cure any tenant default. The owner opposed the motion by arguing it was either premature or otherwise untimely. The Court disagreed, finding that a motion to intervene could be made. It explained: Read More
August 30, 2021
A Party's Motion to Intervene Pursuant to C.P.L.R. 1012 Must Be Timely
On August 4, 2021, the Second Department issued a decision in 1077 Madison St., LLC v. Dickerson, 20… Read More
September 26, 2018
Parties Should Have Been Allowed to Intervene on Eve of Summary Judgment Motions
On September 19, 2018, the Second Department issued a decision in Roman Catholic Diocese of Brookly… Read More
October 13, 2016
Court Orders Joinder of Prior Tenant as Necessary Party
On October 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Al… Read More
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 S… Read More
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 Sl… Read More
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… Read More
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 C… Read More
November 7, 2013
Competing Claims of Ownership Call for Appointment of a Receiver
On October 23, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
