Central Park Studios, Inc. v Slosberg
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Central Park Studios, Inc. v Slosberg 2013 NY Slip Op 33653(U) September 12, 2013 Supreme Court, New York County Docket Number: 110490/08 Judge: Donna M. Mills Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [* 1] SCANNED ON 9/20/2013 ; +./ ;'\ ;~~d:$fIT~ifu< ,; :;. ,. SEP. 20' 2013 . .. MICHAEL SLOSBERCJ, et al., . . .· . Defendl'tnts. ¥?t1 ?~ SE9: ~()· .·. .. . . ·... · · .··· .· ¢ 0 97 < · · ¢ · .. · ·. . · · ..... ¢ 'NEW YORK : . Mont>N'CAL NO'~_.,_...___,_~- -------+---~~~C~C~1U~N~IY·C~ LE=· · ·.·" " · ·.RteS OFFICE · ' I' /. ·.CROSS.cMOTIQN: U p6n the foregoiµg papers, iti~ .c)rdefed thatthis motfon L~: · . IYECIDEI) IN ACCORDANCE WITH ATTACHED ORDER. Dated: Check one: I .· !. .FINAL DISPOSITION .. ~ '... ·· ..'··.·...:· : ·..····. ¢···.·.·.·· .. ·. . ., I ' [* 2] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 58 INDEX NO. CENTRAL PARK STUDIOS, INC., GERARD J. PICASO, INC. and INSURANCE COMPANY OF GREATER NEW YORK, Plaintiff, - against - 110490/08 DECISION/ORDER ......... -._ MICHAEL SLOSBERG, JANET COHN SLOSBERG, PACIFIC INDEMNITY COMPANY formerly known as SIRIUS AMERICA INSURANCE COMPANY, HAGEDORN & COMPANY and STEVE DWYER, Defendants. FILED SEP 2 0 2013 NEW YORK - COUNTY CLERK'S OFFICE DONNA MILLS, J.: In this declaratory judgment action, proposed intervenor Federal Insurance Company ("Federal"), seeks an order pursuant to CPLR § 1013 granting it leave to intervene in this action. Defendant Delos Insurance Company f/k/a Sirius America Insurance Company ("Delos") opposes the motion on the grounds that it is not timely, and that Federal's claims do not involve a common question of law or fact with the current claims between the existing parties in this case. Defendants DSA Builders, Inc. ("DSA") and Hagedorn & Company ("Hagedorn") do not oppose Federal's motion to intervene in this action. The Amended Complaint in this action contains seven causes of action. The sixth cause of action seeks a declaration regarding the priority of coverage available to plaintiff Central Park Studios, Inc. ("CPS") for losses arising out of an action commenced by defendant Steve Dwyer ('Dwyer action"). CPLR 1012 (a) provides that a party may intervene as of right"[w]hen the action involves the disposition or distribution of, ... or a claim for damages for injury to, property, and the person may be affected adversely by the judgment." CPLR 1013 provides that "any [* 3] person may be permitted to intervene in any action ... in the discretion of the court, or when the person's claim or defense and the main action have a common question of law or fact." "Intervention is liberally allowed by courts, permitting persons to intervene in actions where they have a bona fide interest in an issue involved in that action" (Yuppie Puppy Pet Prods., Inc. v Street Smart Realty, LLC, 77 AD3d 197, 201 [1st Dept 2010]). Moreover, "[w]hether intervention is sought as a matter of right under CPLR 1012 [a], or as a matter of discretion under CPLR 1013, is of little practical significance, since intervention should be permitted 'where the intervenor has a real and substantial interest in the outcome of the proceedings' " (Global Team Vernon, LLC v Vernon Realty Holding, LLC, 93 AD3d 819, 820 [2d Dept 2012]). It is undisputed that CPS is afforded coverage by four policies issued by three insurers, Insurance Company of Greater New York ("GNY"), Delos, and Federal. Two of the three insurers (GNY and Delos) are currently parties to this action and in the sixth cause of action of the Amended Complaint GNY seeks a declaration regarding the priority of coverage as between GNY and Delos. Here, GNY, Delos and Federal each issued policies which provided coverage to CPS pertaining to the Dwyer action. Clearly the intervenor has a real and substantial interest in the outcome. Therefore, Federal should be allowed to intervene and join GNY in seeking a declaration regarding priority of coverage amongst CPS' relevant insurers. It should be noted that Delos' request in its opposition papers that reconsideration be given to its previously denied summary judgment motion, is not properly before this Court. Were it properly before this Court it would be denied as per Justice Feinman's decision dated June 19, 2012. 2 [* 4] Accordingly, it is ORDERED that Federal Insurance Company is granted leave to intervene in this action; and it is further ORDERED that Federal Insurance Company is directed to serve its Complaint on all parties within ten days of the date of this Order; and it is further ORDERED that answers to the Intervenor's Complaint must be served within ten days after service of the Complaint; and it is further ORDERED that Federal Insurance Company shall move or cross move for summary judgment seeking the declaration regarding priority of coverage within forty five days of the date of this Order. Ft LED ~NTER: I ',I l J.S.C. lLS. 3 J.StC.
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