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KEY BANK OF NEW YORK v. DELAHUNT

227 A.D.2d 991 (1996)

643 N.Y.S.2d 815

Key Bank of New York, Appellant, v. Thomas Delahunt et al., Respondents, and Gary Burgess, Intervenor-Respondent

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

May 31, 1996

Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting the motion of intervenor, Gary Burgess, to intervene as a defendant in an action commenced by plaintiff, Key Bank of New York (Key Bank). Intervenor had been served with a third-party complaint in that action and had defaulted. He moved to vacate the default judgment, which was denied, and the order denying that motion was affirmed by this Court...

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