ERBACH FIN. CORP. v. ROYAL BANK OF CANADA


203 A.D.2d 80 (1994)

610 N.Y.S.2d 20

Erbach Finance Corporation, Plaintiff, v. Royal Bank of Canada et al., Defendants and Third-Party Plaintiffs-Respondents. Banque Paribas, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 1994


The IAS Court properly determined that the main action and the third-party action are sufficiently related to allow for impleader under CPLR 1007 (see, Cohen Agency v Perlman Agency, 51 N.Y.2d 358, 365). Additionally, the IAS Court did not abuse its discretion in refusing to sever the third-party complaint under CPLR 1010. Plaintiff in the main action has not asserted any prejudice by reason of the delay necessary to complete...

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