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R.I.C.E. CORPORATION v. METROPOLITAN LIFE INSURANCE COMPANY

288 A.D.2d 148 (2001)

734 N.Y.S.2d 428

R.I.C.E. CORPORATION, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Defendants. METROPOLITAN LIFE INSURANCE COMPANY, Third-Party Plaintiff-Appellant, v. TURNER CONSTRUCTION COMPANY, Third-Party Defendant-Respondent.

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

Decided November 29, 2001.

The record shows that Turner Construction Company (Turner), the dismissed defendant and subsequent third-party defendant (see, Raquet v Braun, 90 N.Y.2d 177), consented to a finding of excusable neglect on the part of Met Life and that Met Life demonstrated that its claims against Turner were meritorious.

Therefore, it was error to deny Met Life's motion to vacate the dismissal of its third-party complaint (see, Chase...

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