The court's finding that the delay in the commencement of the third-party action caused prejudice to the third-party defendant is not supported by the record. The estate's claims that it will take time to locate many of the now scattered witnesses who will need to be deposed and that, because Schwartz is long dead, "his own records [have] likely [been] disposed of" are insufficient to demonstrate actual prejudice. The estate also fails to identify any record relevant to its...
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