Tenant appealed from a final judgment awarding landlord possession against ASAP Towing Services (ASAPTS) in a holdover summary proceeding and denying tenant’s cross-motion to vacate the final judgment. ASAPTS vice president, non-party Sanchez, moved for leave to intervene contending he was the commercial tenant at the two parcels constituting the premises at issue. A corporate entity, ASAP Towing Inc. (ASAPTI), entered into a stipulation with landlord, while ASAPTS interposed an answer denying the petition’s allegations that it was a tenant at the premises described in the petition as 56-09 56th Terrace, but failed to assert facts or an affirmative defense in support of its denial. The panel found ASAPTS’s claim Civil Court lacked subject matter jurisdiction meritless, noting any alleged “misdescription” of the premises in the petition did not deprive civil court of subject matter jurisdiction under CPLR 5015(a)(4). Also, it noted intervention required a timely motion, finding Sanchez participated in pretrial proceedings, and was aware of the instant proceeding, thus, could have moved to intervene in a timely fashion, but failed to do so. Hence, his motion to intervene was untimely, and properly denied. The final judgment was affirmed.