Justice Anil C. Singh


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In a breach of contract action, non-party Red Apple 81 Fleet Place Development LLC, the owner of a real estate development in Brooklyn, moved to intervene as intervenor/plaintiff. The court granted Red Apple’s motion to intervene. It noted that Red Apple sought reimbursement of money paid in advance to complete work on the project, and that Red Apple asserted that plaintiff broke time of the essense in performing the work and,therefore, Red Apple would be entitled to liquidated damages from plaintiff. The court determined that Red Apple’s interests, therefore, cannot be adequately represented by a party it is suing in the litigation. The court further held that Red Apple has demonstrated as co-obligee its statutory right to intervene in this action “as the action involves the disposition or distribution … or a claim for damages … and the person may be adversely affected by the judgment.” The court also concluded that Red Apple has a real and substantial interest in the outcome of this litigation and has been involved in negotiations prior to the commencement of legal action. Finally, the court found no showing of undue delay or substantial prejudice to any of the defendants.