A court, in its discretion, may grant the motion when the proposed intervenor's claim or defense and the main action have a common question of law or fact, pursuant to CPLR 1013. 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, whatever the basis, a timely motion for leave to intervene should be granted where the intervenor has a real and substantial interest in the outcome of the proceedings. 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.
Dekalb Assets 2015, LLC v. Roman, NY Slip Op 04362 (2d Dep't August 23, 2023)
