Skolnick v. Max Connor, LLC

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, 179 AD2d 364, 365 [1992]). The record supports the court’s finding that the defendants “knowingly and deliberately delayed the commencement…