Dissolved Distributor Can Seek Contribution for Pre-Dissolution Claim

ALBANY, N.Y. - A dissolved corporation may, as part of 'winding up its affairs,' bring a third-party claim for indemnity or contribution in an asbestos action arising out of pre-dissolution events, the New York Court of Appeals has ruled. Tedesco v. A.P. Green Industries Inc., et al., No. 13 (N.Y. Ct. App.).

On Feb. 22, the Court of Appeals said New York's Appellate Division was correct in rejecting E.I. DuPont de Nemours and Co.'s defense in a third-party complaint that Insulation Distributors Inc. (IDI) lacked the capacity to sue DuPont because IDI was dissolved two years before the asbestos claim …