January 23, 2024

Motions to intervene.

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."  In considering the timeliness of the motion, courts do not engage in mere mechanical measurements of time, but consider whether the delay in seeking intervention would cause a delay in resolution of the action or otherwise prejudice a party.

Countrywide Bank, FSB v. Snipes, NY Slip Op 00179 (2d Dep't January 17, 2024)

Here is the decision.