On July 22, 2026, the Second Department issued a decision in PHH Mtge. Corp. v. Ruth, 2026 NY Slip Op. 04523, holding that a motion for intervention must be denied if not accompanied by a proposed pleading, explaining:
A motion seeking leave to intervene, whether made under CPLR 1012 or 1013, must include the proposed intervenor’s proposed complaint or answer. Here, BH failed to include a proposed complaint or answer with its motion for leave to intervene, thereby failing to comply with CPLR 1014. A court has no power to grant leave to intervene where the proposed intervenor failed to include a proposed pleading setting forth the claim or defense for which intervention is sought. Accordingly, the Supreme Court properly denied that branch of BH’s motion which was for leave to intervene in the action.
(Internal quotations and citations omitted).