SCANNED ON 712012007
SUPREME COURT OF THE STATE
Index Number : 601066/2007
Sequence Number : 001
LEAVE TO INTERVENE
OF NEW YORK - NEW YORK COUNTY
PART 2 '
MOTION SEQ. NO.
MOTION CAL. NO.
The following papers. numbered 1 to
were read on this motion tolfor
Notice of Motion/ Order to Show Cause - Affidavits - Exhibits ...
Answerlng Affldavits - Exhibits
Cross-Motion: fl Yes
Upon the foregoing papers, it is ordered that this motion
Check one: 7
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : IAS PART 56
Index No: 601066/07
DECISION AND ORDER
Plaintiff Fred Baron (“F.Baron”) brings the instant action against Defendant
Rocketboom, LLC (“Rocketboom”) for payment on a loan. In the instant motion, non-party
Amanda Congdon (“Congdon”) moves pursuant to CPLR 1012(a) to intervene as a party-
defendant, and under CPLR 1001(a) to add non-party Andrew Baron (“A.Baron”) as a necessary
party. In the alternative, she moves to dismiss the action pursuant to CPLR 321 l(a)(lO) for F.
Baron’s failure to name A. Baron as a defendant.
Rocketboom is a New York limited-liability company. It was formed in August 2005 to
produce and disseminate a daily videoblog on the internet. At the time of its formation, A. Baron
owned 51% of the company while Congdon owned 49%. (See, Notice ofMotion, Ex A )
In June 2006, Congdon’s association with Rocketboom ended. She avers that A. Baron
abruptly terminated her. (See, Congdon A r d at page 2, 7 6) A. Baron contends that she left
voluntarily, which allegedly resulted in her ownership interest’s forfeiture. (Id, 7 8)
F. Baron is domiciled in Texas, and is A. Baron’s father. Since Rocketboom’s inception,
F. Baron began lending capital to Rocketboom in order for it to meet its expenses. (See, F. Baron
A f d at page I, 7 2) Congdon was allegedly cognisant of t