Pescatore v. Nicole Brittany, Ltd.

In an action to foreclose a mortgage, the proposed intervenor, Henry Grunbaum, appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated June 22, 2015, as denied his cross motion pursuant to CPLR 1012 (a) (3) for leave to intervene in the action as a defendant.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Under CPLR 1012 (a) (3), any person shall be permitted to intervene in an action “when the action involves the disposition or distribution of, or the title or a claim for damages for injury to,…