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WELLS FARGO BANK, NATIONAL ASSOCIATION v. McLEAN

70 A.D.3d 676 (2010)

894 N.Y.S.2d 487

WELLS FARGO BANK, NATIONAL ASSOCIATION, Plaintiff, v. VERONE McLEAN, Defendant/Third-Party Plaintiff-Respondent, and MAXINE GORDON, Defendant/Third-Party Defendant-Respondent, et al., Defendants, et al., Third-Party Defendant. NARI, INC., Doing Business as FIRESTONE CONSTRUCTION COMPANY, Proposed Intervenor-Appellant. (And Another Third-Party Action.)

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

Decided February 2, 2010.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with one bill of costs, and that branch of the motion of NARI, Inc., doing business as Firestone Construction Company, which was for leave to intervene pursuant to CPLR 1013 is granted.

Upon a timely motion, a person is permitted to intervene as of right in an action involving the disposition of property where that person may be adversely affected by the judgment (see CPLR 1012...

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