Ginsberg v. Lomenzo

The order entered October 16, 1968, insofar as it denied intervention, should be reversed, without costs, and *97intervention directed. The present case is materially different from Matter of Altimari v. Meisser (23 A D 2d 672, app. dsmd. 15 N Y 2d 964). Here under the unusual circumstances presented, including the fact that the petitioners-respondents do not, and did not, object to the intervention of the appellants, there is an absence of any prejudice to the respondent Secretary of State. Consequently, intervention should have been granted as a matter of law. (Cf. CPLR 1012, 1013.)

On the…