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PESCATORE v. NICOLE BRITTANY, LTD.

2015-08746, Index No. 23075/07.

153 A.D.3d 1437 (2017)

2017 NY Slip Op 06672

60 N.Y.S.3d 695

PASQUALE PESCATORE, Respondent, v. NICOLE BRITTANY, LTD., et al., Defendants. HENRY GRUNBAUM, Proposed Intervenor-Appellant.

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

Decided September 27, 2017.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Under CPLR 1012 (a) (3), any person shall be permitted to intervene in an action "when the action involves the disposition or distribution of, or the title or a claim for damages for injury to, property and the person may be affected adversely by the judgment." By its plain language, CPLR 1012 requires a "timely motion" (CPLR 1012 [a]; see Castle Peak 2012-1 Loan Trust v Sattar...

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