YOSHIYA PROPS., INC. v. SUTTON EAST ASSOCS. #88


198 A.D.2d 163 (1993)

603 N.Y.S.2d 479

Yoshiya Properties, Inc., Respondent, v. Sutton East Associates #88, Appellant, and Edward Simpson et al., Intervenors-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 23, 1993


The intervenors' contention that they were improperly held liable in their individual capacities is without merit. Having successfully sought the right to intervene, they interposed an answer and demanded no other pleading. Accordingly, their status in this action is not different from that of any other party. Nor did intervenors establish the existence of a material issue of fact warranting a trial.

Since the intervenors were party to the action, plaintiff is entitled...

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