Burke v. American Refractories Co.

Appellate Division of the Supreme Court of New York

Burke v. American Refractories Co.

22 A.D.3d 392, 802 N.Y.S.2d 360

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 2005

StatusPublished

This text of 22 A.D.3d 392 (Burke v. American Refractories Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. American Refractories Co., 22 A.D.3d 392, 802 N.Y.S.2d 360 (N.Y. Ct. App. 2005).

Pincite

Opinion

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered April 20, 2005, which, in an action against defendant and third-party plaintiff-respondent for personal injuries allegedly caused by exposure to asbestos dust carried home by plaintiff’s father, denied third-party defendant-appellant’s motion to dismiss the third-party complaint for noncompliance with the case management order governing this action, unanimously affirmed, without costs.

Third-party plaintiffs failure to file the third-party complaint by the deadline contained in the case management order did not [393]*393cause third-party defendant prejudice and was properly disregarded (CPLR 2004). Had third-party plaintiff properly moved for permission to serve the third-party complaint five months after the deadline, instead of unilaterally serving it, such motion would likely have been granted. Certainly, no matter how expedited the protocols applicable to these cases placed in the “In Extremis Trial Cluster,” there can be no final disposition of this action until there has been a decision in the still pending appeal to the Court of Appeals in Matter of New York City Asbestos Litig. (14 AD3d 112 [1st Dept 2004], lv granted 2005 NY App Div LEXIS 1332 [2005]). Concur—Buckley, P.J., Saxe, Marlow, Ellerin and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered April 20, 2005, which, in an action against defendant and third-party plaintiff-respondent for personal injuries allegedly caused by exposure to asbestos dust carried home by plaintiff’s father, denied third-party defendant-appellant’s motion to dismiss the third-party complaint for noncompliance with the case management order governing this action, unanimously affirmed, without costs.

Third-party plaintiffs failure to file the third-party complaint by the deadline contained in the case management order did not [393]*393cause third-party defendant prejudice and was properly disregarded (CPLR 2004). Had third-party plaintiff properly moved for permission to serve the third-party complaint five months after the deadline, instead of unilaterally serving it, such motion would likely have been granted. Certainly, no matter how expedited the protocols applicable to these cases placed in the “In Extremis Trial Cluster,” there can be no final disposition of this action until there has been a decision in the still pending appeal to the Court of Appeals in Matter of New York City Asbestos Litig. (14 AD3d 112 [1st Dept 2004], lv granted 2005 NY App Div LEXIS 1332 [2005]). Concur—Buckley, P.J., Saxe, Marlow, Ellerin and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

22 A.D.3d 392, 802 N.Y.S.2d 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-american-refractories-co-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack