Zampano v. L. G. DeFelice, Inc.

The named defendant, L. G. DeFelice, Inc. (DeFelice), appeals from the dismissal of its third party complaint against the intervening plaintiff and third party defendant, Globe Steel Erectors, Inc. (Globe).1 Subsequent to oral argument before this court, however, the trial court permitted DeFelice to amend its answer to Globe’s intervening complaint2 to assert the allegations of its dismissed complaint as a counter*802claim against Globe. Because DeFelice now has the opportunity to pursue its claims against Globe by way of the counterclaim, the question of whether the trial court properly…