IRONSHORE INDEMNITY, INC. AS SUBROGEE OF THE RELATED COMPANIES, L.P., ETC., plf-ap, v. W&W GLASS, LLC def-res

3590-3591. IRONSHORE INDEMNITY, INC. AS SUBROGEE OF THE RELATED COMPANIES, L.P., ETC., plf-ap, v. W&W GLASS, LLC def-res — THE RELATED COMPANIES, L.P. Nonparty res — Vogrin & Frimet, LLP, New York (George J. Vogrin of counsel), for ap — Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for W&W Glass, LLC and Metal Sales Co., Inc., res — Cornell Grace, PC, New York (Keith D. Grace of counsel), for The Related Companies, L.P., 42nd and 10th Associates, LLC and Tishman Construction Corporation, res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 25, 2016, dismissing the action, pursuant to an order, same court and Justice, entered February 11, 2016, which granted the motion of nonparty respondents (Related Companies) to quash subpoenas, intervene in this action, and dismiss the complaint, unanimously affirmed, with costs. Appeal from the order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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3590-3591. IRONSHORE INDEMNITY, INC. AS SUBROGEE OF THE RELATED COMPANIES, L.P., ETC., plf-ap, v. W&W GLASS, LLC def-res — THE RELATED COMPANIES, L.P. Nonparty res — Vogrin & Frimet, LLP, New York (George J. Vogrin of counsel), for ap — Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for W&W Glass, LLC and Metal Sales Co., Inc., res — Cornell Grace, PC, New York (Keith D. Grace of counsel), for The Related Companies, L.P., 42nd and 10th Associates, LLC and Tishman Construction Corporation, res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 25, 2016, dismissing the action, pursuant to an order, same court and Justice, entered February 11, 2016, which granted the motion of nonparty respondents (Related Companies) to quash subpoenas, intervene in this action, and dismiss the complaint, unanimously affirmed, with costs. Appeal from the order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court properly permitted the intervention of the Related Companies, as they have a strong interest in this litigation, given that plaintiff purports to sue as their subrogee (Yuppie Puppy Pet Prods., Inc. v. Street Smart Realty, LLC, 77 AD3d 197, 201 [1st Dept 2010]). Plaintiff did not preserve its argument that the Related Companies’ motion was defective for failing to submit a proposed pleading, and we decline to review it (Ronen v. Cohen, 126 AD3d 487, 487 [1st Dept 2015]). Were we to review it, we would find it unavailing (see id., citing Ryder v. Travelers Ins. Co., 37 AD2d 797, 797 [4th Dept 1971]).

IRONSHORE INDEMNITY, INC. AS SUBROGEE OF THE RELATED COMPANIES, L.P., ETC., plf-ap, v. W&W GLASS, LLC def-res

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