Summary
noting that after intervening and interposing an answer, the status of an intervening party “is not different from that of any other party”
Summary of this case from Cont'l Cas. Co. v. Nat'l Union Fire Ins. Co. of PittsburghOpinion
November 23, 1993
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
The intervenors' contention that they were improperly held liable in their individual capacities is without merit. Having successfully sought the right to intervene, they interposed an answer and demanded no other pleading. Accordingly, their status in this action is not different from that of any other party. Nor did intervenors establish the existence of a material issue of fact warranting a trial.
Since the intervenors were party to the action, plaintiff is entitled to recover against them without establishing that the defendant corporation was insolvent (see, United States Trust Co. v Bamco 18, 183 A.D.2d 549, 551, amended 189 A.D.2d 689).
We have considered appellants' remaining arguments and find them without merit.
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Rubin, JJ.