Mauro v Atlas Park, LLC

Mauro v Atlas Park, LLC 2012 NY Slip Op 06928 Decided on October 17, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2011-08905
2011-09278
(Index No. 28494/10)

[*1]Michael A. Mauro, etc., appellant,

v

Atlas Park, LLC, defendant, WMAP, LLC, respondent.




Michael A. Mauro, Glendale, N.Y., appellant pro se.
Meyer, Suozzi, English & Klein, P.C., Garden City, N.Y.
(Kieran X. Bastible of counsel), for
respondent.


DECISION & ORDER

In an action, inter alia, to recover rent payments made pursuant to a lease, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (Hart, J.), entered July 12, 2011, which granted the motion of WMAP, LLC, pursuant to CPLR 1012 and 1013 for leave to intervene in the action as a defendant, and (2) an order of the same court entered August 16, 2011, which denied the plaintiff's motion for leave to enter a default judgment on the third cause of action insofar as asserted against the defendant Atlas Park, LLC.

ORDERED that the orders are affirmed, with one bill of costs payable by the plaintiff to WMAP, LLC.

Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in granting the timely motion of WMAP, LLC (hereinafter WMAP), pursuant to CPLR 1012 and 1013 for leave to intervene in the action as a defendant. WMAP, 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 CLPR 1013; Berkoski v Board of Trustees of Inc. Vil. of Southampton, 67 AD3d 840, 843).

The Supreme Court also properly denied the plaintiff's 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).
RIVERA, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court