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VERNON 44-02, LLC v. VERNON REALTY HOLDING, LLC

2010-08595.

93 A.D.3d 841 (2012)

940 N.Y.S.2d 899

2012 NY Slip Op 2298

VERNON 44-02, LLC, Respondent, v. VERNON REALTY HOLDING, LLC, et al., Defendants, and BLUE WATER ENVIRONMENTAL, INC., Respondent. BARUCH SINGER et al., Intervenors-Appellants.

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

Decided March 27, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff-respondent.

For the reasons stated in Global Team Vernon, LLC v Vernon Realty Holding, LLC (93 A.D.3d 819 [2012] [decided herewith]), the Supreme Court providently exercised its discretion in denying that branch of the appellants' motion pursuant to CPLR 1012 and 1013 which was for leave to intervene in the action in their capacity as...

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