FISHER v. STONE

11587N. 652246/19.

183 A.D.3d 549 (2020)

122 N.Y.S.3d 891

2020 NY Slip Op 03092

Joseph Fisher, Respondent, v. Patrick Stone, Formerly Known as Patrick O'Brien, Defendant. Andrew Davis, Nonparty Appellant.

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

Decided May 28, 2020.


Intervention as of right under CPLR 1012(a) was properly denied in this action concerning the valuation and disposition of corporate assets. The proposed intervenor's purported interest in the action is contingent upon an Illinois divorce court's determination as to whether defendant's interest in the assets are marital property. Accordingly, the proposed intervenor cannot demonstrate an ascertainable property interest in this commercial business dispute (Matter of Rapoport...

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