A motion seeking leave to intervene, whether made pursuant to CPLR 1012 or 1013, must include the would-be intervenor's proposed pleading, as required by CPLR 1014. Here, the movant did not submit a proposed pleading with the motion for leave to intervene. Neither did the movant submit an affidavit which in some cases may excuse the failure to attach a proposed pleading. The motion is denied.
U.S. Bank Trust N.A. v. 21647 LLC, NY Slip Op 02955 (1st Dep't June 1, 2023)
