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NEFF v. BRASSIE

24 A.D.3d 1219 (2005)

805 N.Y.S.2d 914

DAVID E. NEFF et al., Respondents, v. MARK BRASSIE, Respondent and Third-Party Plaintiff-Respondent. PHELPS CEMENT PRODUCTS, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

December 22, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

We reject the contention of third-party defendant Phelps Cement Products, Inc. (Phelps) that Supreme Court erred in granting the motion of defendant-third-party plaintiff, Mark Brassie, to reopen the proof at trial in this breach of contract action. Contrary to the contention of Phelps, Brassie was not required to comply with CPLR 5015...

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