Phx. Life Ins. Co. v. Jacob P Ilit A

5 Citing cases

  1. In re Merestead

    2020 N.Y. Slip Op. 6266 (N.Y. App. Div. 2020)

    A motion seeking leave to intervene, whether pursuant to CPLR 1012 or CPLR 1013, must include the proposed intervenor's proposed pleading (see CPLR 1014; Phoenix Life Ins. Co. v Jacob P Ilit A, 177 AD3d 1008; New Hope Missionary Baptist Church, Inc. v 466 Lafayette Ltd., 169 AD3d 811). Here, the proposed intervenors did not submit a proposed pleading with their motion, inter alia, for leave to intervene.

  2. Cnty. of Westchester v. Attorney Gen. of N.Y. (In re Merestead)

    188 A.D.3d 690 (N.Y. App. Div. 2020)   Cited 4 times

    The proposed intervenors appeal. A motion seeking leave to intervene, whether pursuant to CPLR 1012 or CPLR 1013, must include the proposed intervenor's proposed pleading (see CPLR 1014 ; Phoenix Life Ins. Co. v. Jacob P Ilit A, 177 A.D.3d 1008, 111 N.Y.S.3d 201 ; New Hope Missionary Baptist Church, Inc. v. 466 Lafayette Ltd., 169 A.D.3d 811, 94 N.Y.S.3d 379 ). Here, the proposed intervenors did not submit a proposed pleading with their motion, inter alia, for leave to intervene.

  3. MTGLQ Inv'rs v. Noftell

    204 A.D.3d 786 (N.Y. App. Div. 2022)   Cited 4 times

    The proposed intervenor appeals from both orders. A motion seeking leave to intervene, whether pursuant to CPLR 1012 or 1013, shall be accompanied by the proposed intervenor's proposed pleading setting forth the claim or defense for which intervention is sought (see id. § 1014; Matter of Merestead, 188 A.D.3d 690, 692, 133 N.Y.S.3d 607 ; Phoenix Life Ins. Co. v. Jacob P Ilit A, 177 A.D.3d 1008, 1008, 111 N.Y.S.3d 201 ; Beneficial Homeowner Serv. Corp. v. Chambers, 145 A.D.3d 750, 44 N.Y.S.3d 87 ). Here, the proposed intervenor did not submit a proposed pleading with its motion for leave to intervene.

  4. MTGLQ Inv'rs v. Noftell

    2022 N.Y. Slip Op. 2405 (N.Y. Sup. Ct. 2022)

    The proposed intervenor appeals from both orders. A motion seeking leave to intervene, whether pursuant to CPLR 1012 or 1013, shall be accompanied by the proposed intervenor's proposed pleading setting forth the claim or defense for which intervention is sought (see id. § 1014; Matter of Merestead, 188 A.D.3d 690, 692; Phoenix Life Ins. Co. v Jacob P Ilit A, 177 A.D.3d 1008, 1008; Beneficial Homeowner Serv. Corp. v Chambers, 145 A.D.3d 750). Here, the proposed intervenor did not submit a proposed pleading with its motion for leave to intervene.

  5. Williamsburg United LLC v. Myoung Ja Kim

    67 Misc. 3d 1201 (N.Y. Sup. Ct. 2019)

    LAW AND APPLICATION A person is permitted to intervene in an action as of right when, among other things, the action involves the disposition or distribution of, the title or a claim for damages for injury to property and the person may be affected adversely by the judgment ( CPLR 1012[a][3] ; Phoenix Life Ins. Co. v. Ilit A , 177 AD3d 1008, 111 [2nd Dept 2019] ). Additionally, the court, in its discretion, may permit a person to intervene, among other things, when the person's claim or defense and the main action have a common question of law or fact ( CPLR 1013 ; Sclafani Petroleum, Inc. v. Calabro , 173 AD3d 1042, 1043[2nd Dept 2019] citing Roman Catholic Diocese of Brooklyn, NY v. Christ the King Regional High Sch. , 164 AD3d 1394, 1396 [2nd Dept 2018] ).