Pursuant to CPLR 1012(a)(3), "[u]pon timely motion, any person shall be permitted to intervene in any action . . . when the action involves the disposition or distribution of, or the title or a claim for damages for injury to, property and the person may be affected adversely by the judgment." Additionally, the court, in its discretion, may permit a person to intervene when the person's claim or defense and the main action have a common question of law or fact. Whether intervention is sought as a matter of right under CPLR 1012(a), or as a matter of discretion under CPLR 1013, is of little practical significance, since intervention should be permitted where the intervenor has a real and substantial interest in the outcome of the proceedings.
Al-Rowmeim v. Alazwear, NY Slip Op 06020 (2d Dep't December 4, 2024)
Failure to move for leave to intervene constitutes a waiver of any right to participate in the litigation.
Bank of Am., N.A. v. Burton, NY Slip Op 06022 (2d Dep't December 4, 2024)
