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FROST v. MONTER

202 A.D.2d 632 (1994)

609 N.Y.S.2d 308

Paula C. Frost, as Administratrix of The Estate of Winthrop A. Frost, Deceased, Respondent, v. Gerald Monter et al., Defendants, and CNA Insurance Companies, Nonparty Appellant

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

March 28, 1994

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Since the proposed amendment of the complaint would prejudice only CNA Insurance Companies (hereinafter CNA), and the defendants had no interest in opposing the motion to amend, CNA was the real party in interest and clearly was aggrieved by the amendment within the meaning of CPLR 5511. The Supreme Court should have permitted CNA to intervene in the action and should have considered...

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