JP Morgan Chase Bank, N.A. v. Phillips-Osuji

120 A.D.3d 1194, 991 N.Y.S.2d 895

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 10, 2014
• Docket: 2013-00438
• Status: Published

Opinion

In an action to foreclose a mortgage, nonparty Samuel Osuji appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated October 15, 2012, which denied his motion for leave to intervene as a defendant.

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 AD2d 705 [1997]; Arbor Natl. Mtge. v Goldsmith, 154 Misc 2d 853 [Sup Ct, Nassau County 1992]). Moreover, the denial of leave to intervene by permission was a provident exercise of the Supreme Court’s discretion (see CPLR 1013; Pappas v Pappas, 95 AD3d 1283 [2012]).

The proposed intervenor’s remaining contentions are not properly before this Court.

Dillon, J.E, Hall, Miller and Hinds-Radix, JJ., concur.