Posts Categorized: Intervention/Joinder

Posted: 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 Brooklyn, N.Y. v. Christ the King Regional High Sch., 2018 NY Slip Op. 06131, holding that third parties should have been allowed to intervene on the eve of summary judgment motions, explaining: Upon a timely motion, a person is permitted to... Read more »

Posted: May 31, 2018

Insured Not “Indispensable Party” In Insurer’s Subrogation Action Where Joinder Would Defeat Diversity Jurisdiction

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 »

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 »