The IAS Court erred in concluding that severance of the third-party claim from the main malpractice action was warranted. It is true that defendants should not have waited a year and a half to commence the third-party action since, as the IAS Court noted, they had long been aware of the "factual underpinnings" to their claim that third-party defendants engaged in wrongdoing in regard to the refinancing closing. However, this dilatory conduct should not outweigh the consideration...
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