N.Y. Court Grants Unopposed Motion to Dismiss Third-Party Claims in Asbestos Case

  • Order

NEW YORK –– A New York court has granted an unopposed motion to dismiss a third-party complaint, explaining that the action initiated by an asbestos defendant in accordance with a Case Management Order governing the underlying personal injury suit.

In the April 2 order, the New York Supreme Court for New York County concluded that, even if the motion to dismiss was opposed, the third-party plaintiff failed to justify the delay in commencing the third-party action.

Plaintiff James Scagnelli filed the underlying claims, contending that he had developed an asbestos-related injury. Defendant and third-party plaintiff Bakers Pride Oven Company Inc. …


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