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JP MORGAN CHASE BANK, N.A. v. PHILLIPS-OSUJI

2013-06696

120 A.D.3d 1194 (2014)

991 N.Y.S.2d 895

2014 NY Slip Op 06058

JP MORGAN CHASE BANK, N.A., Respondent, v. CHRISTINE PHILLIPS-OSUJI et al., Defendant. SAMUEL OSUJI, Nonparty Appellant.

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

Decided September 10, 2014.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the proposed intervenor's motion for leave to intervene as a defendant. The proposed intervenor, the spouse of the defendant Christine Phillips-Osuji, was not, under the facts of this case, entitled to intervene as of right (see CPLR 1012; State St. Bank & Trust Co. v Calandro, 243 A.D.2d 705 [1997]; Arbor Natl...

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