Appellate Division of the Supreme Court of the State of New York January 24, 2012 (Breslin Realty Development Corp. v. Shaw)

We agree with the plaintiffs’ contention that the motion of Ronald Pecunies for leave to intervene in this action as a party plaintiff should have been denied in its entirety. By the time Pecunies filed the motion, the litigating parties had already entered into a stipulation of settlement and this action was discontinued.