YUPPIE PUPPY PET PROD., INC. v. STREET SMART REALTY, LLC

601450/08, 3194.

77 A.D.3d 197 (2010)

906 N.Y.S.2d 231

YUPPIE PUPPY PET PRODUCTS, INC., et al., Respondents, v. STREET SMART REALTY, LLC, et al., Respondents. PETRA MORTGAGE CAPITAL CORP. et al., Proposed Intervenors-Appellants.

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

Decided August 17, 2010.


Attorney(s) appearing for the Case

Winston & Strawn LLC, New York City ( Christopher J. Paolella , Joseph DiBenedetto and Christopher Costello of counsel), for appellants.

Alan M. Goldston , Scarsdale, for Yuppie Puppy respondents.

Abraham Borenstein & Associates, P.C., New York City ( Abraham Borenstein and Massimo D'Angelo of counsel), for Street Smart Realty, LLC, and another, respondents.

ANDRIAS, J.P., SAXE, FRIEDMAN and NARDELLI, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

This appeal calls upon us to consider whether a mortgagee can be permitted to intervene in an action where the named defendant, the mortgagor, has defaulted. On the facts of this case, we hold that the motion court improvidently exercised its discretion in denying intervention and that permission to intervene should be granted.

In the latter half of 2007, defendant Street Smart Realty, LLC (Street Smart) purchased...

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