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SKOLNICK v. MAX CONNOR, LLC

5779, 300798/09, 84286/09

89 A.D.3d 443 (2011)

932 N.Y.S.2d 453

2011 NY Slip Op 7716

JOAN SKOLNICK, Plaintiff, v. MAX CONNOR, LLC, et al., Defendants and Third-Party Plaintiffs-Appellants. J. SIEBOLD CONSTRUCTION CORPORATION, Third-Party Defendant-Respondent.

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

Decided November 3, 2011.

The record establishes that dismissal of the third-party complaint under CPLR 1010 was a provident exercise of the court's discretion. Defendants third-party plaintiffs delayed in bringing the third-party action until almost a year after the main action for personal injuries was commenced and months after the filing of the note of issue, despite being aware of a potential contractual indemnification claim against third-party defendant (see Grant v Wainer,

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