Legal Opinion
Breslin Realty Development Corp. v. Shaw
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2012PublishedCited by 2 opinions
1Opinion of the Court
We agree with the plaintiffs’ contention that the motion of Ronald Pecunies for leave to intervene in this action as a party plaintiff should have been denied in its entirety. By the time Pecunies filed the motion, the litigating parties had already entered into a stipulation of settlement and this action was discontinued. Further, Pecunies was aware of this action from its inception, yet chose not to participate. Under these circumstances, there was no pending action in which to intervene, and the motion should have been denied in its entirety by the *805Supreme Court (see CPLR 1012, 1013;…
2Cases cited7 opinions
- Rectory Realty Associates v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1989
- Vardaris Tech, Inc. v. Paleros Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Schachner v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Judicial Dissolution of Armienti & BrooksAppellate Division of the Supreme Court of the State of New York · 2003
- Carnrike v. YoungsAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by2 opinions
- Jones v. Town of CarrollAppellate Division of the Supreme Court of the State of New York · 2018
- Manning-Kranes v. Manning-FranzmanAppellate Division of the Supreme Court of the State of New York · 2019