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MARBILLA, LLC v. 143/145 LEXINGTON LLC

12221-590961/07, 12222, 591166/07, 590387/08, 590398/08, 117132/06, 603831/08, 590571/10, 591144/10

116 A.D.3d 544 (2014)

984 N.Y.S.2d 317

2014 NY Slip Op 2548

MARBILLA, LLC, Plaintiff, v. 143/145 LEXINGTON LLC, et al., Defendants. (And Other Third-Party Actions.) M&R EUROPEAN CONSTRUCTION CORP., Sixth Third-Party Plaintiff-Respondent, v. SKYSCRAPER STEEL CORP., Sixth Third-Party Defendant-Appellant. 143/145 LEXINGTON AVENUE LLC, Plaintiff, v. M&R EUROPEAN CONSTRUCTION CORP., et al., Defendants. (And Third-Party Actions.) M&R EUROPEAN CONSTRUCTION CORP., Third Third-Party Plaintiff-Respondent, v. SKYSCRAPER STEEL CORP., Third Third-Party Defendant-Appellant.

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

Decided April 15, 2014.

The motion court properly denied Skyscraper's motions to dismiss or sever. The third-party actions will not unduly delay the determination of the main action or prejudice the substantial rights of Skyscraper or any other party, and Skyscraper's discovery rights have been accommodated (see Nielsen v New York State Dormitory Auth., 84 A.D.3d 519 [1st Dept 2011]; Erbach Fin. Corp. v Royal...

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