A.F.C. ENTERPRISES, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

2008-01091

71 A.D.3d 925 (2010)

896 N.Y.S.2d 895

A.F.C. ENTERPRISES, INC., Plaintiff, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY (MAXWELL HIGH SCHOOL), Respondent, and AMERICAN HOME ASSURANCE COMPANY, Proposed Intervenor-Appellant.

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

Decided March 23, 2010.


Ordered that the order is affirmed, with costs.

Contrary to the proposed intervenor's contention, its motion for leave to intervene was untimely, and granting that motion would result in prejudice to the defendant, including the possibility of inconsistent verdicts and the burden of separately trying two related claims (see CPLR 1012[a]; 1013; Rectory Realty Assoc. v Town of Southampton, 

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