BRESLIN REALTY DEVELOPMENT CORP. v. SHAW

2009-11417

91 A.D.3d 804 (2012)

936 N.Y.S.2d 698

2012 NY Slip Op 478

BRESLIN REALTY DEVELOPMENT CORP. et al., Appellants, v. J. STANLEY SHAW et al., Defendants. LOUIS A. RUSSO, as Executor of RONALD PECUNIES, Deceased, Proposed Intervenor-Respondent.

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

Decided January 24, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for leave to intervene is denied in its entirety.

We agree with the plaintiffs' contention that the motion of Ronald Pecunies for leave to intervene in this action as a party plaintiff should have been denied in its entirety. By the time Pecunies filed the motion, the litigating parties had already entered into a stipulation of settlement and this action was discontinued...

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