Wells Fargo Bank, Nat'l Ass'n v. McLean, 70 A.D.3d 676 (N.Y. App. Div. 2010). · Go Syfert
Wells Fargo Bank, Nat'l Ass'n v. McLean, 70 A.D.3d 676 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
48 citation events (48 in the last 25 years) across 4 distinct courts.
Strongest positive: U.S. Bank N.A. v. 145 Allen Legacy Ltd Liability Co. (nysupctnewyork, 2025-11-13)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
cited Cited as authority (rule) U.S. Bank N.A. v. 145 Allen Legacy Ltd Liability Co.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Assn. v McLean, 70 AD3d 676,677 [2d Dept 2010]).
discussed Cited as authority (rule) Alayeto v. Commissioners of Elections of the City of N.Y.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
The rule followed by both Appellate Divisions in New York City is that leave to intervene "is liberally allowed by courts, [and that] persons [will be permitted] to intervene in actions where they have a bona fide interest in an issue involved in [the] action." See e.g., Yuppie Puppy Pet Prods., Inc. v Street Smart Realty, LLC, 77 AD3d 197, 201 (1 st Dept 2010); Maggi v U.S. Bank Trust, NA., 221 AD3d 678 ,681 (2d Dept 2023); citing Wells Fargo Bank, NA. v McLean, 70 AD3d 676, 677 (2d Dept 2010).
discussed Cited as authority (rule) U.S. Bank N.A. v. Zapata
N.Y. App. Div. · 2023 · confidence medium
Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings" ( Wells Fargo Bank, N.A. v McLean , 70 AD3d 676, 676-677 [citations omitted]; see Deutsche Bank Natl.
discussed Cited as authority (rule) Inner Harbor Phase I L.P. v. Cor Inner Harbor Co. LLC
N.Y. App. Div. · 2022 · confidence medium
With respect to the contentions properly before us, it is well established that "[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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings" ( Wells Fargo Bank, N.A. v McLean , 70 AD3d 676, 677 [2d Dept 2010]; see Jones v Town of Carroll , 158 AD3d 1325 , 1327 [4th Dept 2018], lv dismissed 31 NY3d 1064 [2018]).
discussed Cited as authority (rule) Windward Bora, LLC v. PNC Bank, N.A.
N.Y. App. Div. · 2022 · confidence medium
Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings" ( Wells Fargo Bank, N.A. v McLean , 70 AD3d 676, 676-677 [citations omitted]; see Deutsche Bank Natl.
discussed Cited as authority (rule) Jimerson v. State of New York
N.Y. App. Div. · 2018 · confidence medium
"Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings" (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2d Dept 2010]; see Matter of Norstar Apts. v Town of Clay, 112 AD2d 750, 750-751 [4th Dept 1985]).
discussed Cited as authority (rule) Jones v. Town of Carroll
N.Y. App. Div. · 2018 · confidence medium
"Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings" ( Wells Fargo Bank, N.A. v McLean , 70 AD3d 676, 677 [2d Dept 2010]; see Matter of Norstar Apts. v Town of Clay , 112 AD2d 750, 750-751 [4th Dept 1985]).
discussed Cited as authority (rule) In re the Estate of Jermain
N.Y. App. Div. · 2014 · confidence medium
“Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings” (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010] [citations omitted]).
discussed Cited as authority (rule) In re the Estate of Jermain
N.Y. App. Div. · 2014 · confidence medium
“Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings” (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010] [citations omitted]).
discussed Cited as authority (rule) Ramm v. Allen
N.Y. App. Div. · 2014 · confidence medium
Thus, the Supreme Court should have granted it leave to intervene as a party respondent (see CPLR 1012 [a] [2], [3]; Global Team Vernon, LLC v Vernon Realty Holding, LLC, 93 AD3d 819, 820 [2012]; Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010]).
discussed Cited as authority (rule) Ramm v. Allen
N.Y. App. Div. · 2014 · confidence medium
Thus, the Supreme Court should have granted it leave to intervene as a party respondent (see CPLR 1012 [a] [2], [3]; Global Team Vernon, LLC v Vernon Realty Holding, LLC, 93 AD3d 819, 820 [2012]; Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010]).
discussed Cited as authority (rule) Midland Mortgage Co. v. Imtiaz
N.Y. App. Div. · 2013 · confidence medium
Moreover, deeming the plaintiff’s cross motion, as did the Supreme Court, to be pursuant to CPLR 1012 (a) (3) for leave to intervene, the proposed intervenor must establish a “real and substantial interest in the outcome of the proceedings” (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010]; see American Home Mtge.
discussed Cited as authority (rule) Midland Mortgage Co. v. Imtiaz
N.Y. App. Div. · 2013 · confidence medium
Moreover, deeming the plaintiff’s cross motion, as did the Supreme Court, to be pursuant to CPLR 1012 (a) (3) for leave to intervene, the proposed intervenor must establish a “real and substantial interest in the outcome of the proceedings” (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010]; see American Home Mtge.
discussed Cited as authority (rule) Global Team Vernon, LLC v. Vernon Realty Holding, LLC
N.Y. App. Div. · 2012 · confidence medium
Whether 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” (Wells Fargo Bank, NA. v McLean, 70 AD3d 676, 677 [2010]; see Berkoski v Board of Trustees of Inc. Vil. of Southampton, 67 AD3d 840, 843 [2009]; Perl v Aspromonte Realty Corp., 143 AD2d 824, 825 [1988]).
discussed Cited as authority (rule) American Home Mortgage Servicing, Inc. v. Sharrocks
N.Y. App. Div. · 2012 · confidence medium
In exercising its discretion under CPLR 1013, “the court shall consider whether the intervention will unduly delay the determination of the action or prejudice the substantial rights of any party” (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2010]; see CPLR 1013).
discussed Cited as authority (rule) McCrory v. Village of Mamaroneck
N.Y. Sup. Ct. · 2011 · confidence medium
Lawrence, 113 AD2d 25, 28 [2d Dept 1985].) However, “whether 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” (Wells Fargo Bank, N.A. v McLean, 70 AD3d 676, 677 [2d Dept 2010]) and, in any event, CPLR 7802 (d) “grants the court broader authority to allow intervention in an article 78 proceeding than is provided pursuant to CPLR 1013 [or 1012] in an action” (Matter of Greater N.Y.
discussed Cited "see" Matter of Treece
N.Y. App. Div. · 2025 · signal: see · confidence high
In addition, a court, in its discretion, may permit a person to intervene, inter alia, when the person's claim or defense and the main action have a common question of law or fact ( see CPLR 1013). " 'Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings' " ( Jones v Town of Carroll , 158 AD3d 1325 , 1327 [4th Dept 2018], lv …
discussed Cited "see" U.S. Bank N.A. v. Medina
N.Y. App. Div. · 2024 · signal: see · confidence high
"In exercising its [*3]discretion, the court shall consider whether the intervention will unduly delay the determination of the action or prejudice the substantial rights of any party" (CPLR 1013; see Wells Fargo Bank, N.A. v McLean , 70 AD3d at 677 ).
discussed Cited "see" JPMorgan Chase Bank, N.A. v. Mule
N.Y. App. Div. · 2024 · signal: see · confidence high
"In exercising its discretion, the court shall consider whether the intervention will unduly delay the determination of the action or prejudice the substantial rights of any party" (CPLR 1013; see Wells Fargo Bank, N.A. v McLean , 70 AD3d 676, 677 ).
discussed Cited "see" Dekalb Assets 2015, LLC v. Roman
N.Y. App. Div. · 2023 · signal: see · confidence high
"In exercising its discretion, the court shall consider whether the intervention will unduly delay the determination of the action or prejudice the substantial rights of any party" (CPLR 1013; see Wells Fargo Bank, N.A. v McLean , 70 AD3d at 677 ).
discussed Cited "see" HSBC Bank USA, N.A. v. Minogue
N.Y. App. Div. · 2022 · signal: see · confidence high
"In exercising its discretion, the court shall consider whether the intervention will unduly delay the determination of the action or prejudice the substantial rights of any party" (CPLR 1013; see Wells Fargo Bank, N.A. v McLean , 70 AD3d 676, 677 ).
cited Cited "see, e.g." Tawil v. Tawil
N.Y. Sup. Ct. · 2011 · signal: see also · confidence low
Ctr., 237 AD2d 417 [1997]; see also Wells Fargo Bank, N.A. v McLean, 70 AD3d 676 [2d Dept 2010]).
Retrieving the full opinion text from the archive…
Wells Fargo Bank, National Association
v.
Verone McLean, Defendant/Third-Party Plaintiff-Respondent, and Maxine Gordon, Defendant/Third-Party Defendant-Respondent, , Third-Party NARI, Inc., Doing Business as Firestone Construction Company, Proposed Intervenor-Appellant. (And Another Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Feb 2, 2010.
70 A.D.3d 676
Cited by 39 opinions  |  Published

In an action to foreclose a mortgage, the proposed intervenor, NARI, Inc., doing business as Firestone Construction Company, appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered March 4, 2009, which denied its motion pursuant to CPLR 1012 (a) (3) or 1013 for leave to intervene in the action.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with one bill of costs, and that branch of the motion of NARI, Inc., doing business as Firestone Construction Company, which was for leave to intervene pursuant to CPLR 1013 is granted.

Upon a timely motion, a person is permitted to intervene as of right in an action involving the disposition of property where that person may be adversely affected by the judgment (see CPLR 1012 [a] [3]; Velazquez v Decaudin, 49 AD3d 712, 717 [2008]; George v Grand Bay Assoc. Enter. Inc., 45 AD3d 451, 452 [2007]; Greenpoint Sav. Bank v McMann Enters., 214 AD2d 647 [1995]; but see Citibank, N.A. v Plagakis, 8 AD3d 604, 605 [2004]). In addition, a court, in its discretion, may permit a person to intervene, inter alia, when the person’s claim or defense and the main action have a common question of law or[*677] fact (see CPLR 1013). Whether 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 a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings (see Berkoski v Board of Trustees of Inc. Vil. of Southampton, 67 AD3d 840 [2009]; Matter of Bernstein v Feiner, 43 AD3d 1161, 1162 [2007]; Sieger v Sieger, 297 AD2d 33, 36 [2002]; County of Westchester v Department of Health of State of N.Y., 229 AD2d 460, 461 [1996]; Perl v Aspromonte Realty Corp., 143 AD2d 824, 825 [1988]). In exercising its discretion, the court shall consider whether the intervention will unduly delay the determination of the action or prejudice the substantial rights of any party (see Reliance Ins. Co. of N.Y. v Information Display Tech., 2 AD3d 701 [2003]).

The defendant/third-party plaintiff, Verone McLean, was the original record owner of a house in Elmont (hereinafter the subject property), which was subject to a mortgage given to the plaintiffs assignor to secure a loan McLean used to purchase the property. Shortly after McLean purchased the subject property, a fire occurred therein, and McLean filed a claim for fire damages against her insurer, Allstate Insurance Company (hereinafter the insurer). Thereafter, the defendant Maxine Gordon, a tenant residing at the subject property, allegedly converted, to her own use, the insurance proceeds paid by the insurer. Subsequently, Gordon also allegedly signed a forged deed transferring the subject property to her, and entered into a construction contract with the proposed intervenor, NARI, Inc., doing business as Firestone Construction Company (hereinafter NARI), a fire restoration company, to repair the fire damage.

Sometime thereafter, McLean defaulted on the mortgage, and the plaintiff commenced this foreclosure action against her and Gordon. In the main foreclosure action, McLean asserted three cross claims against Gordon. Subsequently, McLean commenced a third-party action against, among others, Gordon and her attorney. McLean’s claims were, in part, predicated on Gordon’s alleged fraudulent transfer to herself of title to the subject property and the subsequent conversion of the insurance funds. In the foreclosure action, the Supreme Court awarded the plaintiff mortgagee summary judgment on the complaint. The court also granted that branch of the plaintiffs motion which was to direct its loan servicer to deposit into court the insurance proceeds that were remaining at that time, after some payments had been made to NARI." NARI subsequently moved pursuant to CPLR 1012 (a) (3) or 1013 for leave to intervene in the action.

[*678] In its proposed complaint, NARI asserted causes of action against Gordon to recover damages for breach of contract and fraud, and against McLean and the plaintiff to recover in quantum meruit for the value of the repair services allegedly performed at the subject property, and for which it had not been paid. Based on the foregoing, there are common questions of law and fact pertaining to the various fraud claims asserted by McLean in the main action and NARI in its proposed complaint. Moreover, NARI has demonstrated a real and substantial interest in the disbursement of the remaining insurance proceeds and, thus, in the outcome of the action (see Berkoski v Board of Trustees of Inc. Vil. of Southampton, 67 AD3d 840 [2009]; Matter of Bernstein v Feiner, 43 AD3d at 1162; Sieger v Sieger, 297 AD2d at 36; County of Westchester v Department of Health of State of N.Y., 229 AD2d at 461; Perl v Aspromonte Realty Corp., 143 AD2d at 825).

Accordingly, under the circumstances of this case, the Supreme Court should have granted NARI leave to intervene pursuant to CPLR 1013. Skelos, J.P., Santucci, Dickerson and Roman, JJ., concur.