August 9, 2021

CPLR 1012(a)(3).

The statute provides that, on a timely motion, any person may intervene, as of right, "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." In considering whether the motion to intervene is timely, courts do not merely measure time, but, instead, consider whether the delay in seeking intervention delay in resolution of the action, or otherwise prejudice a party.

1077 Madison St., LLC v. Dickerson, NY Slip Op 04591 (2d Dep't August 4, 2021)

Here is the decision.

Tomorrow's issue:  CPLR 5015[a][1].