February 15, 2012

Intervention.


Practice point: CPLR 1013 provides that a court has discretion to permit a person to intervene when the person's claim or defense and the main action have a common question of law or fact.

Student note: In exercising its discretion, the court shall consider whether the intervention will unduly delay the determination of the action, or prejudice the substantial rights of any party.

Case: American Home Mtge. Servicing, Inc. v. Sharrocks, NY Slip Op 00918 (2d Dept. 2012).


Tomorrow’s issue: Disinternment.