Oakes v. Patel

Appeal from an order of the Supreme Court, Erie County (John P Lane, J.), entered June 8, 2004. The order denied the motion of HealthNow New York, Inc. for permission to intervene in the action to assert an equitable subrogation claim against defendants.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Plaintiffs commenced this negligence and medical malpractice action seeking damages for injuries sustained by Daniel C. Oakes (plaintiff). Supreme Court erred in denying the motion…