Almonte v. Cauldwell-Wingate Co.

OPINION OF THE COURT

Lucy Billings, J.

I. Background

Third-party defendant Bradshaw Mechanical Co., Inc., has moved to dismiss the amended third-party complaint and all cross claims against Bradshaw Mechanical Co. based on the failure to state a claim for relief under third-party defendant ASM Mechanical Systems’ subcontract with Bradshaw Mechanical Co. (CPLR 3211 [a] [1], [7].) In a stipulation dated March 29, 2012, Bradshaw Mechanical Co. withdrew its motion insofar as it sought to dismiss cross claims by ASM Mechanical Systems. No other third-party defendant opposes the motion.

The parties do…