Appellate Division of the Supreme Court of the State of New York November 3, 2011 (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