The following excerpt is from D'Amato, et al. v. Deutsche Bank, 236 F.3d 78 (2nd Cir. 1999):
Rule 24(a)5, intervention of right, requires that the proposed intervenor "(1) file a timely motion; (2) show an interest in the litigation; (3) show that its interest may be impaired by the disposition of the action; and (4) show that its interest is not adequately protected by the parties to the action." Id. (citing Catanzano v. Wing, 103 F.3d 223, 232 (2d Cir. 1996)). Denial of the motion to intervene is proper if any of these requirements is not met. See id., 225 F.3d at 197.
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