United States Ex Rel. Saunders Concrete Co. v. Tri-State Design Construction Co.

DECISION AND ORDER

SCULLIN, District Judge.

Introduction

This is an action under the New York Uniform Commercial Code for damages arising out of the installation of allegedly defective concrete by plaintiff Saunders Concrete Co. (“Saunders”). Saunders’ claim against Tri-State Design Construction Co. (“TriState”), the buyer of the concrete, for the contract price has been settled. Thus, the only claim remaining in the case is TriState’s counterclaim seeking consequential damages for breach of contract.

The matter comes before the Court on Tri-State’s motion for joinder of a third-party defendant,…