St. John's Univ. v. Leslie Trager, 450 F. App'x 81 (2d Cir. 2011). · Go Syfert
St. John's Univ. v. Leslie Trager, 450 F. App'x 81 (2d Cir. 2011). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 4 distinct courts.
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Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Securities and Exchange Commission v. GPB Capital Holdings, LLC
E.D.N.Y · 2025 · quote attribution · 1 verbatim quote · confidence high
a district court has broad discretion under rule 24(b) to determine whether to permit intervention . . . .
discussed Cited as authority (verbatim quote) Green v. Biden Jr. (2×) also: Cited as authority (rule)
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
a district court has broad discretion under rule 24(b) to determine whether to permit intervention . . . .
discussed Cited as authority (verbatim quote) Securities And Exchange Commission v. Pirrello
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
a district court has broad discretion under rule 24(b) to determine whether to permit intervention
cited Cited as authority (rule) Authors Guild v. OpenAI Inc.
S.D.N.Y. · 2024 · confidence medium
John's Univ., N.Y. v. Bolton, 450 Fed.
discussed Cited as authority (rule) Albert Togut, Not Individually but Solely in His C v. Perevoski
Bankr. S.D.N.Y. · 2023 · confidence medium
John’s Univ., N.Y. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011) (“A district court has broad discretion under Rule 24(b) to determine whether to permit intervention on the basis that the intervenor’s claim or defense and the main action have a question of law or fact in common.” (citations and quotation marks omitted)).
discussed Cited as authority (rule) People Of The State Of New York, By Letitia James v. Red Rose Rescue
S.D.N.Y. · 2023 · confidence medium
John's Univ. v. Bolton, 450 F. App'x 81, 84 (2d Cir. 2011) (citing Restor-a- Labs., Inc. v. Certified Alloy Prods., Inc., 725 F.2d 871, 876 (2d Cir. 1984)); see also, e.g., Floyd v. City of Ne 770 F.3d 1051 , 1062 n.38 (2d Cir. 2014) (observing that a denial of permissive intervention “has virtually neve (quoting Catanzano ex rel.
cited Cited as authority (rule) Ambac Assurance Corporation v. US Bank National Association
S.D.N.Y. · 2023 · confidence medium
St, John’s Univ., NY. v. Bolton, 450 F. App’x 81, 83 (2d Cir. 2011) (citation omitted).
discussed Cited as authority (rule) Dubarry v. Capra
S.D.N.Y. · 2022 · confidence medium
John's Univ. v. Bolton, 450 F. App'x 81, 84 (2d Cir. 2011) (citing Restor-a-Dent Dental Labs., Inc. v. Certified Alloy Prods., Inc., 725 F.2d 871, 876 (2d Cir. 1984)); see also, e.g., Floyd v. City of New York, 770 F.3d 1051 , 1062 n.38 (2d Cir. 2014) (observing that a denial of permissive intervention “has virtually never been reversed” (quoting Catanzano ex rel.
discussed Cited as authority (rule) Cross Sound Cable Company, LLC v. Long Island Lighting Company
E.D.N.Y · 2022 · confidence medium
John’s Univ. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011) (citing Restor-a-Dent Dental Labs., Inc. v. Certified Alloy Prods., Inc., 725 F.2d 871, 876 (2d Cir. 1984)); see also, e.g., Floyd v. City of New York, 770 F.3d 1051 , 1062 n.38 (2d Cir. 2014) (observing that a denial of permissive intervention “has virtually never been reversed” (quoting Catanzano ex rel.
cited Cited as authority (rule) Ekpe v. Patel
S.D.N.Y. · 2021 · confidence medium
John’s Univ., N.Y. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011).
cited Cited as authority (rule) Latif v. Department For the Aging
S.D.N.Y. · 2021 · confidence medium
John’s Univ., N.Y. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011).
cited Cited as authority (rule) Securities and Exchange Commission v. Sterritt
E.D.N.Y · 2021 · confidence medium
John’s Univ., New York v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011) (summary order) (“A district court has broad discretion under Rule 24(b) to determine whether to permit intervention . . . .”).
discussed Cited as authority (rule) Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State Of New York
S.D.N.Y. · 2020 · confidence medium
John’s Univ., N.Y. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011) (“A district court has broad discretion under Rule 24(b) to determine whether to permit intervention on the basis that the intervenor’s claim or defense and the main action have a question of law or fact in common.” (citations and quotation marks omitted)).
discussed Cited as authority (rule) Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State Of New York
S.D.N.Y. · 2020 · confidence medium
John’s Univ., N.Y. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011) (“A district court has broad discretion under Rule 24(b) to determine whether to permit intervention on the basis that the intervenor’s claim or defense and the main action have a question of law or fact in common.” (citations and quotation marks omitted)).
cited Cited as authority (rule) Innovation Ventures LLC v. Pittsburg Wholesale Grocers Inc
E.D.N.Y · 2019 · confidence medium
John’s Univ. v. Bolton, 450 F. App’x 81, 84 (2d Cir. 2011) (quoting Fed.
cited Cited as authority (rule) United States of America, for the use of Preferred Masonry Restoration, Inc. v. International Fidelity Insurance Company
S.D.N.Y. · 2019 · confidence medium
John’s Univ. v. Bolton, 450 F. App’x 81, 83 (2d Cir. 2011) (same).
discussed Cited as authority (rule) Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC
Bankr. S.D.N.Y. · 2016 · confidence medium
John’s Univ. v. Bolton, 450 Fed.Appx. 81, 84 (2d Cir.2011) (summary order) (“ ‘[W]hen there is an identify of interest between a putative intervenor and an existing party to the action,’ a ‘presumption of adequate representation’ attaches in the absence of evidence of collusion, adversity of interest, nonfeasance, or incompetence.’ ”) (quoting Butler, 250 F.3d at 180 ); accord Chevron Corp. v. Donziger, No. 11 Civ. 0691(LAK); 2011 WL 2150450 , at *4 (S.D.N.Y.
cited Cited as authority (rule) Delaware Trust Co. v. Wilmington Trust, N.A.
S.D.N.Y. · 2015 · confidence medium
John’s Univ., N.Y. v. Bolton, 450 Fed.Appx. 81, 83 (2d Cir.2011) (summary order) (quoting Restor-A-Dent Dental Labs., Inc. v. Certified Alloy Prods., Inc., 725 F.2d 871, 874 (2d Cir.1984)).
cited Cited as authority (rule) Peterson v. Islamic Republic of Iran
S.D.N.Y. · 2013 · confidence medium
John’s Univ., New York v. Bolton, 450 Fed.Appx. 81, 83-84 (2d Cir.2011) (summary order); Fed.R.Civ.P. 24(a).
discussed Cited as authority (rule) Bear Ranch, LLC v. Heartbrand Beef, Inc.
S.D. Tex. · 2012 · confidence medium
John’s Univ. v. Bolton, 450 Fed.Appx. 81, 83 (2d Cir.2011) (affirming the district court’s conclusion that the proposed intervenor did not “have a direct, legally protected interest in the outcome of the underlying litigation sufficient to satisfy Rule 24(a), inasmuch as his interest is contingent both on [the plaintiff’s] prevailing in the underlying action and on his prevailing in a separate action to enforce the agreement ,...”). 1 Twinwood’s reply brief relies heavily on Cascade Natural Gas Corp. v. El Paso Natural Gas Co., 386 U.S. 129 , 87 S.Ct. 932 , 17 L.Ed.2d 814 (1967), a…
cited Cited as authority (rule) In re Direxion Shares ETF Trust
S.D.N.Y. · 2012 · confidence medium
John’s Univ., New York v. Bolton, 450 Fed.Appx. 81, 83-84 (2d Cir.2011) (summary order); Fed.R.Civ.P. 24(a).
Retrieving the full opinion text from the archive…
ST. JOHN’S UNIVERSITY, NEW YORK, Plaintiff-Appellee,
v.
Sanford M. BOLTON, Hygrosol Pharmaceutical Corp., Spiridon Spireas, Defendants, v. Leslie Trager, Putative Intervenor-Appellant
11-0099-cv.
Court of Appeals for the Second Circuit.
Dec 13, 2011.
450 F. App'x 81
Michael J. Keane (John Becker, on the brief), Garfunkel, Wild & Travis, P.C., Great Neck, NY, for plaintiff-appellee., Leslie Trager, pro se (Henry T. Berger, Law Office of Henry T. Berger, of counsel), New York, NY,1 for intervenor-appel-lant.
Cabranes, Pooler, Wesley.
Cited by 23 opinions  |  Unpublished

SUMMARY ORDER

Leslie Trager (“Trager”) appeals from the memorandum and order of the District Court denying his motion to intervene in this action between St. John’s University (“St. John’s”) and defendants Sanford Bolton (“Bolton”), a former St. John’s professor, Spiridon Spireas (“Spireas”), a former St. John’s graduate student, and Hygrosol Pharmaceutical Corp., the company Bolton and Spireas formed after departing from St. John’s (jointly “defendants”).

BACKGROUND

In November 2008, Trager, a practicing attorney involved in an unrelated lawsuit against Bolton, approached St. John’s and offered to provide it with information he had discovered that would purportedly support a breach-of-contract claim against the defendants. Specifically, Trager claimed to have discovered that Bolton and Spireas had breached them respective agreements with St. John’s to assign all discoveries, inventions, and patents to St. John’s and to pay St. John’s 30% of all money received from these discoveries, inventions, and patents. Trager and St. John’s subsequently entered into an agreement whereby Trager would receive 20% of the net funds received in the event that St. John’s received any funds as a result of the information he provided. The agreement further provided that “St. John’s is not obligated to pursue any information [Trager] provided.”

St. John’s commenced an action in New York’s State Supreme Court against the defendants on November 18, 2008, which, after being removed to federal court, was amended to add claims of fraud, breach of contract, and breach of fiduciary duty. The defendants subsequently moved to dismiss and St. John’s opposed the motion. Trager was dissatisfied with the handling of the opposition by St. John’s outside counsel and wrote a letter to St. John’s general counsel criticizing the arguments made and requesting that additional arguments be made. After receiving a dismissive response from St. John’s general counsel, Trager moved to intervene in the case on the ground that “plaintiffs’s [sic] attorneys are inadequately representing the interests of the movant [Trager].” The motion was opposed by both St. John’s and the defendants. [2]

On December 10, 2010, the District Court issued a seventy-three page memorandum and order denying in its entirety[*83] the defendants’ motion to dismiss. See St. John’s Univ., N.Y. v. Bolton, 757 F.Supp.2d 144 (E.D.N.Y.2010). On the same day, the District Court issued a separate memorandum and order denying Trager’s motion to intervene. See St. John’s Univ., N.Y. v. Bolton, No. 08-cv-5039, 2010 WL 5186828 (E.D.N.Y. Dec.10, 2010). The District Court denied Trager’s motion to intervene as of right under Federal Rule of Civil Procedure 24(a) because his agreement with St. John’s “does not create a direct, legally protectable interest in the action sufficient to satisfy Rul,e 24(a)” and because “[e]ven if Trager had an interest in the litigation as contemplated by Rule 24(a), he cannot intervene as of right because he has not shown that St. John’s representation of that interest is inadequate.” Id. at *3. The District Court further declined to grant permissive intervention under Rule 24(b). Id. at *3-4.

DISCUSSION

We review a district court’s denial of a motion to intervene for abuse of discretion. United States v. City of New York, 198 F.3d 360, 364 (2d Cir.1999); cf. Sims v. Blot, 534 F.3d 117, 132 (2d Cir.2008) (“A district court has abused its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or rendered a decision that cannot be located within the range of permissible decisions.” (alteration, citations, and quotation marks omitted)). “This standard reflects the view that district courts, due to their proximity to the dispute, usually have a better sense of the case’s factual nuances upon which a motion to intervene often turns.” Butler, Fitzgerald & Potter v. Sequa Corp., 250 F.3d 171, 176 (2d Cir.2001). Upon a review of the record, we conclude that the District Court did not abuse its discretion and affirm the District Court’s order for substantially the reasons stated in its well-reasoned opinion.

1. Intervention as of Right

In order to be entitled to intervene as of right under Rule 24(a)(2), “an intervenor must show that: (1) the application is timely; (2) the applicant claims an interest relating to the property or transaction which is the subject matter of the action; (3) the protection of the interest may as a practical matter be impaired by the disposition of the action; and (4) the interest is not adequately protected by an existing party.” Restor-A-Dent Dental Labs., Inc. v. Certified Alloy Prods., Inc., 725 F.2d 871, 874 (2d Cir.1984) (internal quotation marks omitted). “All four parts of the test must be satisfied to qualify for intervention as of right.” Washington Elec. Coop., Inc. v. Mass. Mun. Wholesale Elec. Co., 922 F.2d 92, 96 (2d Cir.1990).

With respect to the second part of the test, we have held that “[a]n interest that is remote from the subject matter of the proceeding, or that is contingent upon the occurrence of a sequence of events before it becomes colorable, will not satisfy the rule.” Id. at 97. Given the facts in the record on appeal, we cannot conclude that the District Court abused its discretion in concluding that Trager does not have a direct, legally protected interest in the outcome of the underlying litigation sufficient to satisfy Rule 24(a), inasmuch as his interest is contingent both on St. John’s prevailing in the underlying action and on his prevailing in a separate action to enforce the agreement, which St. John’s disavows. See Restor-A-Dent Dental Labs., 725 F.2d at 875 (affirming denial of motion to intervene where intervenor’s interest was contingent both on defendant’s prevailing in the underlying action and on the result of a separate not-yet-eommenced lawsuit between intervenor and defendant regarding indemnification).

[*84] Even if Trager does have an interest sufficient to satisfy Rule 24(a), we agree with the District Court that this interest is adequately represented by St. John’s, as evidenced not least by the fact that it successfully defeated defendants’ motion to dismiss. St. John’s and Trager share the same objective in the underlying litigation and we have previously stated that “when there is an identify of interest between a putative intervenor and an existing party to the action,” a “presumption of adequate representation” attaches in the absence of “evidence of collusion, adversity of interest, nonfeasance, or incompetence.” Butler, 250 F.3d at 180. Trager has made no such showing here.

Therefore, the District Court did not abuse its discretion in denying Trager’s motion to intervene as of right under Rule 24(a).

2. Permissive Intervention

A district court has broad discretion under Rule 24(b) to determine whether to permit intervention on the basis that the intervenor’s “claim or defense and the main action have a question of law or fact in common.” Fed.R.Civ.P. 24(b)(2); see Restor-A-Dent Dental Labs., 725 F.2d at 876. In the circumstances of this case, we cannot conclude that the District Court abused this broad discretion in declining to permit Trager to intervene.

CONCLUSION

We have reviewed all of Trager’s arguments on appeal and find them to be without merit. Accordingly, the December 10, 2010, order of the District Court denying Trager’s motion to intervene is AFFIRMED.

2

. Although the defendants opposed Trager's motion to intervene in the District Court, they have not taken a position on this appeal.