Morillo v. City of New York

Carro, J. P. (dissenting).

In this action by unleased occupants of New York City-owned in rem buildings to compel defendants to evaluate plaintiffs and those similarly situated for legal tenancies pursuant to New York City’s Unauthorized Occupant Policy (UOP), the proposed intervenors should have been granted leave to intervene, since it has been shown that each of them has a real and substantial interest in the outcome of the litigation (see, Plantech Hous. v Conlan, 74 AD2d 920, appeal dismissed 51 NY2d 862). In partially denying plaintiffs’ claims under the Equal Protection Clauses of the…