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NENADOVIC v. P.T. TENANTS CORP.

5067N, 5068N, 5069N, 5070N, 108917/07, 590958/07, 400595/08, 590211/08.

84 A.D.3d 527 (2011)

923 N.Y.S.2d 79

STANIMAR NENADOVIC, Plaintiff, v. P.T. TENANTS CORP., Now Known as PARK TERRACE GARDENS, INC., et al., Defendants, LIBERTY ARCHITECTURAL PRODUCTS CO., INC., Appellant, and TRACTEL, INC., Respondent. PARK TERRACE GARDENS, INC., Sued Herein as P.T. TENANTS CORP., et al., Third-Party Plaintiffs, v. A-TECH ENVIRONMENTAL RESTORATION, INC., Third-Party Defendant-Appellant. (And Other Third-Party Actions.)

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

Decided May 12, 2011.

Liberty and A-Tech made a sufficient showing that the destructive testing set forth in the protocol was material and necessary to their defense of the actions, as well as the cross claims for contribution and indemnification asserted by Tractel, and that they would be prejudiced if they were not permitted to perform the tests (see Castro v Alden Leeds, Inc., 116 A.D.2d 549, 550 [1986])...

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