New York
How Devlin v. Scardelletti applies in New York: state-specific rules, key cases, and bar exam notes for Civil Procedure.
New York follows a similar principle as illustrated in Devlin v. Scardelletti, emphasizing the importance of allowing intervenors in cases where their interests are directly affected. New York courts permit intervention as a matter of right under CPLR § 1012 when the intervenor's interests may be impaired by the action's outcome.
Under New York Civil Practice Law and Rules (CPLR) § 1012, a party may intervene in an action as of right when they have an interest in the property or transaction that is subject of the action, and their ability to protect that interest may be impaired if they are not allowed to intervene.
The court held that a union could intervene in a case against an employer because the outcome directly affected the union's collective bargaining rights.
The court allowed intervention by a property owner whose rights would be impacted by a rezoning decision affecting the entire area.
Intervention was granted to advocacy groups seeking to protect public health interests in a pharmaceutical pricing dispute.
New York's approach to intervention under CPLR § 1012 is similar to Federal Rule of Civil Procedure 24, which also provides a right to intervene when an interest may be impaired. However, New York courts emphasize a broader interpretation of 'interest' compared to some federal jurisdictions, reflecting its policy favoring liberal intervention.
Intervention principles, as embodied in Devlin v. Scardelletti, may appear in New York bar exam questions, particularly in the context of civil procedure and parties' rights to participate in litigation.