House v. Stephens

OPINION OF THE COURT

David R. Demarest, J.

In this medical malpractice action — wherein plaintiff Sally House does not appear to seek recovery for medical expenses paid on her behalf — Excellus Health Plan, Inc. moves for permission to intervene, pursuant to CPLR 1012 and 1013. Ex-cellus argues the relief sought is proper because it has an interest in the matter, it will be bound by the judgment rendered, its interests will not be adequately represented by the parties, and its claims are founded upon questions of law and fact which are common to this action. Plaintiff and defendants oppose the…