section 1018 join a party (New York) · Go Syfert
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section 1018 join a party in New York

13 New York opinions name it 2 courts 2005–2026 6 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
NationsCredit Home Equity Services v. Andersongreen
nyappdiv · 2005 · cited in 7 New York opinions naming this issue, 2011–2026
2 sentences

2026The defendant appeals.</p> <p>Under the circumstances presented, the Supreme Court properly granted that branch of the plaintiff's motion which was to appoint a successor referee (<i>see id.</i>; <i>Associates First Capital Corp. v Roth</i>, 226 AD3d 636 ).</p> <p>CPLR 1018 provides that "[u]pon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action." "The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of

2023"The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court" ( NationsCredit Home Equity Servs. v Anderson , 16 AD3d 563, 564 ).

57
GRP Loan, LLC v. Taylorgreen
nyappdiv · 2012 · cited in 5 New York opinions naming this issue, 2015–2026
2 sentences

2026The defendant appeals.</p> <p>Under the circumstances presented, the Supreme Court properly granted that branch of the plaintiff's motion which was to appoint a successor referee (<i>see id.</i>; <i>Associates First Capital Corp. v Roth</i>, 226 AD3d 636 ).</p> <p>CPLR 1018 provides that "[u]pon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action." "The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of

2020"The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court" ( Citicorp Mtge. v Adams , 153 AD3d 779, 780 ; see GRP Loan, LLC v Taylor , 95 AD3d 1172, 1174 ).

45
Deutsche Bank Trust Co. v. Stathakisgreen
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2015–2017
2 sentences

2017Here, the plaintiff failed to demonstrate that it transferred its interest in the action to FNMA and, therefore, the Supreme Court improvidently exercised its discretion in granting the plaintiff’s motion pursuant to CPLR 1018 (cf. Aurora Loans Servs., LLC v Mandel, 148 AD3d 965, 967 [2017]; Brighton BK, LLC v Kurbatsky, 131 AD3d 1000, 1001 [2015]; Aurora Loan Servs., LLC v Lopa, 130 AD3d 952 , 952-953 [2015]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983 [2011]).

2015In support of its motion pursuant to CPLR 1018 to substitute Nationstar Mortgage, LLC (hereinafter Nationstar), as the plaintiff, and to amend the caption accordingly, the plaintiff submitted evidence demonstrating that the subject note, indorsed in blank by the lender, was in Nationstar’s possession, and that the mortgage was assigned to Nationstar af ter the commencement of the action, and that Nationstar is therefore now the real plaintiff in interest (see Citibank, N.A. v Van Brunt Props., LLC, 95 AD3d 1158, 1160 [2012]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983-984 [2011

33
HSBC Bank USA, N.A. v. Giasgreen
nyappdiv · 2023 · cited in 2 New York opinions naming this issue, 2025–2026
2 sentences

2026Funding, Inc. v Recinos , 241 AD3d at 797-798 [internal quotation marks omitted]; see HSBC Bank USA, N.A. v Gias , 215 AD3d 810, 812).

2025"The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court" ( HSBC Bank USA, N.A. v Gias , 215 AD3d 810, 812 [internal quotation marks omitted]).

22
Citibank, N.A. v. Van Brunt Properties, LLCgreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2015–2015
2 sentences

2015In support of its motion pursuant to CPLR 1018 to substitute Nationstar Mortgage, LLC (hereinafter Nationstar), as the plaintiff, and to amend the caption accordingly, the plaintiff submitted evidence demonstrating that the subject note, indorsed in blank by the lender, was in Nationstar’s possession, and that the mortgage was assigned to Nationstar af ter the commencement of the action, and that Nationstar is therefore now the real plaintiff in interest (see Citibank, N.A. v Van Brunt Props., LLC, 95 AD3d 1158, 1160 [2012]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983-984 [2011

2015In support of its motion pursuant to CPLR 1018 to substitute Nationstar Mortgage, LLC (hereinafter Nationstar), as the plaintiff, and to amend the caption accordingly, the plaintiff submitted evidence demonstrating that the subject note, indorsed in blank by the lender, was in Nationstar’s possession, and that the mortgage was assigned to Nationstar af ter the commencement of the action, and that Nationstar is therefore now the real plaintiff in interest (see Citibank, N.A. v Van Brunt Props., LLC, 95 AD3d 1158, 1160 [2012]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983-984 [2011

22
Citicorp Mortgage v. Adamsgreen
nyappdiv · 2017 · cited in 3 New York opinions naming this issue, 2020–2026
2 sentences

2025Under CPLR 1021, "[a] motion for substitution may be made by the successors or representatives of a party or by any party." The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court ( Citicorp Mortg. [*2]v Adams , 153 AD3d 779, 780 [2d Dept 2017]).

2020"The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court" ( Citicorp Mtge. v Adams , 153 AD3d 779, 780 ; see GRP Loan, LLC v Taylor , 95 AD3d 1172, 1174 ).

13
Greenpoint Mtge. Funding, Inc. v. Recinosgreen
nyappdiv · 2025 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Funding, Inc. v Recinos , 241 AD3d at 797-798 [internal quotation marks omitted]; see HSBC Bank USA, N.A. v Gias , 215 AD3d 810, 812).

2026Funding, Inc. v Recinos , 241 AD3d at 797-798 [internal quotation marks omitted]; see HSBC Bank USA, N.A. v Gias , 215 AD3d 810, 812 ).

11
Aurora Loans Services, LLC v. Mandelgreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Here, the plaintiff failed to demonstrate that it transferred its interest in the action to FNMA and, therefore, the Supreme Court improvidently exercised its discretion in granting the plaintiff’s motion pursuant to CPLR 1018 (cf. Aurora Loans Servs., LLC v Mandel, 148 AD3d 965, 967 [2017]; Brighton BK, LLC v Kurbatsky, 131 AD3d 1000, 1001 [2015]; Aurora Loan Servs., LLC v Lopa, 130 AD3d 952 , 952-953 [2015]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983 [2011]).

11
Brighton BK, LLC v. Kurbatskygreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Here, the plaintiff failed to demonstrate that it transferred its interest in the action to FNMA and, therefore, the Supreme Court improvidently exercised its discretion in granting the plaintiff’s motion pursuant to CPLR 1018 (cf. Aurora Loans Servs., LLC v Mandel, 148 AD3d 965, 967 [2017]; Brighton BK, LLC v Kurbatsky, 131 AD3d 1000, 1001 [2015]; Aurora Loan Servs., LLC v Lopa, 130 AD3d 952 , 952-953 [2015]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983 [2011]).

11
CitiMortgage, Inc. v. Rosenthalgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Pursuant to CPLR 1018, “the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action.” Moreover, “[t]he determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court” (NationsCredit Home Equity Servs. v Anderson, 16 AD3d 563, 564 [2005]; see CitiMortgage, Inc. v Rosenthal, 88 AD3d at 761 ).

11
Commercial Bank of Informatics & Computing Technique Development Bank Informtechnika v. Ostashkogreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005Bank Informtechnika v Ostashko, 274 AD2d 516, 517 [2000]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Aurora Loan Services, LLC v. Lopa neutral
nyappdiv · 2015
2 sentences

2024DISCUSSION CPLR 1018 provides that “[u]pon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action.” CPLR 1021 provides that a “motion for substitution may be made by the successors or representatives of a party or by any party.” “The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court” (Aurora Loan Services, LLC v Lopa, 130 AD3d 952 [2d Dept 2015]).

2017Here, the plaintiff failed to demonstrate that it transferred its interest in the action to FNMA and, therefore, the Supreme Court improvidently exercised its discretion in granting the plaintiff’s motion pursuant to CPLR 1018 (cf. Aurora Loans Servs., LLC v Mandel, 148 AD3d 965, 967 [2017]; Brighton BK, LLC v Kurbatsky, 131 AD3d 1000, 1001 [2015]; Aurora Loan Servs., LLC v Lopa, 130 AD3d 952 , 952-953 [2015]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983 [2011]).

22017–2024
Nationstar Mortgage, LLC v. Catizone green
nyappdiv · 2015
2 sentences

2015In support of its motion pursuant to CPLR 1018 to substitute Nationstar Mortgage, LLC (hereinafter Nationstar), as the plaintiff, and to amend the caption accordingly, the plaintiff submitted evidence demonstrating that the subject note, indorsed in blank by the lender, was in Nationstar’s possession, and that the mortgage was assigned to Nationstar af ter the commencement of the action, and that Nationstar is therefore now the real plaintiff in interest (see Citibank, N.A. v Van Brunt Props., LLC, 95 AD3d 1158, 1160 [2012]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983-984 [2011

2015In support of its motion pursuant to CPLR 1018 to substitute Nationstar Mortgage, LLC (hereinafter Nationstar), as the plaintiff, and to amend the caption accordingly, the plaintiff submitted evidence demonstrating that the subject note, indorsed in blank by the lender, was in Nationstar’s possession, and that the mortgage was assigned to Nationstar af ter the commencement of the action, and that Nationstar is therefore now the real plaintiff in interest (see Citibank, N.A. v Van Brunt Props., LLC, 95 AD3d 1158, 1160 [2012]; Deutsche Bank Trust Co., Ams. v Stathakis, 90 AD3d 983, 983-984 [2011

22015–2015
U.S. Bank N.A. v. Medina green
nyappdiv · 2024
1 sentence

2026Here, the plaintiff failed to demonstrate that U.S. Bank had an interest in this action, and therefore, the Supreme Court improvidently exercised its discretion in granting that branch of the plaintiff's motion which was for leave to amend the caption to substitute U.S. Bank as the plaintiff (<i>see</i> <i>U.S. Bank N.A. v Medina</i>, 230 AD3d 1371 , 1377; <i>Citimortgage, Inc. v Bredehorn</i>, 160 AD3d 803 , 804; <i>Citicorp Mtge. v Adams</i>, 153 AD3d 779, 780 ).</p> <p>The parties' remaining contentions are either without merit or not properly before this Court.</p> <p>BRATHWAITE NELSON, J.

12026–2026
Associates First Capital Corp. v. Roth green
nyappdiv · 2024
1 sentence

2026The defendant appeals.</p> <p>Under the circumstances presented, the Supreme Court properly granted that branch of the plaintiff's motion which was to appoint a successor referee (<i>see id.</i>; <i>Associates First Capital Corp. v Roth</i>, 226 AD3d 636 ).</p> <p>CPLR 1018 provides that "[u]pon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action." "The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of

12026–2026

Statutes the citing opinions construe

NY § N.Y. CPLR § 1018 (13)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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