Mauro v. Atlas Park
Cases that cite this one
3 later published cases cite this decision.
- US Bank N.A. v. Carrington (Appellate Division of the Supreme Court of New York 2020)
- Roman Catholic Diocese of Brooklyn, N.Y. v. Christ the King Regional High Sch. (Appellate Division of the Supreme Court of New York 2018)
- Interboro Insurance v. Johnson (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Contrary to the plaintiffs contention, the Supreme Court did not improvidently exercise its discretion in granting the timely motion of WMAJ] LLC (hereinafter WMAP), pursuant to CPLR 1012 and 1013 for leave to intervene in the action as a defendant. WMAL which purchased the subject property, leased by the plaintiff, at a foreclosure sale after the instant action was commenced, has a real and substantial interest in the outcome of the proceedings (see CPLR 1013; Berkoski v Board of Trustees of Inc. Vil. of Southampton, 67 AD3d 840, 843 [2009]).
The Supreme Court also properly denied the plaintiffs motion for leave to enter a default judgment on the third cause of action insofar as asserted against the defendant Atlas Park, LLC, as the plaintiff failed to establish that the third cause of action was viable (see McGee v Dunn, 75 AD3d 624 [2010]). Rivera, J.P., Chambers, Hall and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.