In re Rapoport
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Surrogate properly denied the proposed intervenors’ request to intervene in the reformation proceeding regarding the testator’s will. The proposed intervenors are not named in the will — a fact that they concede — and cannot fulfill the requirement under CPLR 1012 that the judgment may adversely affect their interests (see Matter of Vaughn, 267 AD2d 763, 763-764 [1999]; Matter of Flemm, 85 Misc 2d 855, 857 [1975]). Indeed, the proposed intervenors base their argument in favor of intervention on the occurrence of a contingent event that *510might or might not occur at an indeterminate time in…
2Cases cited3 opinions
- In re the Estate of FlemmNew York Surrogate's Court · 1975
- In re the Estate MayAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of VaughnAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by2 opinions
- In re RosenthalAppellate Division of the Supreme Court of the State of New York · 2012
- In re RosenthalAppellate Division of the Supreme Court of the State of New York · 2012