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IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION

22 A.D.3d 392 (2005)

802 N.Y.S.2d 360

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. FRANK E. BURKE et al., Plaintiffs, v. AMERICAN REFRACTORIES Co. et al., Defendants. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Third-Party Plaintiff-Respondent, v. JFK INTERNATIONAL AIR TERMINAL LLC et al., Third-Party Defendants, and BRITISH AIRWAYS, PLC, Third-Party Defendant-Appellant.

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

October 25, 2005.

Third-party plaintiff's failure to file the third-party complaint by the deadline contained in the case management order did not cause third-party defendant prejudice and was properly disregarded (CPLR 2004). Had third-party plaintiff properly moved for permission to serve the third-party complaint five months after the deadline, instead of unilaterally serving it, such motion would likely have been granted. Certainly, no matter...

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