On May 25, 2018, Judge Furman of the SDNY issued a decision in American Ins. Co. v. Kartheiser, Case No. 17-CV-5545 (JMF), denying a motion to dismiss a subrogation action for failure to join the insured as a party. In American Ins. Co., an insurer brought a subrogation action in federal court, seeking to recover amounts… Read more »
Posts Categorized: Intervention/Joinder
On October 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Almah LLC v. AIG Employee Services, Inc., 2016 NY Slip Op. 31850(U), ordering the joinder of a prior tenant in a dispute over damage to a commercial building, explaining: Under CPLR § 1OO1(a), necessary parties to an action… Read more »
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 »
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 »
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 »
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 »
On October 23, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision in Greenzweig v. Kenmare Mott Realty Assoc. Inc., 2013 NY Slip Op. 32735(U), illustrating the potential procedural complexities of lawsuits involving competing claims of ownership of a closely-held business.