Annanquartey v. Passeser

In Annanquartey v. Passeser, 260 A.D.2d 517 (2nd Dept. 1999), the Appellate Division, Second Department, discussed CPLR 1010, the applicable statutory provision, and stated: "'CPLR 1010 provides a safety valve for cases in which the third-party claim 'will unduly delay the determination of the main action or prejudice the substantial rights of any party' (Alexander, Practice Commentaries, McKinney's Cons.Laws of N.Y., Book 7B, CPLR 1010, at 134, quoting from CPLR 1010; see, Kelly v. Yannotti, 4 A.D.2d 767, 165 N.Y.S.2d 710). In the instant case, the plaintiff in the main action does not claim that he will be unduly delayed by the appellants' impleader of Mobile . Nor, if trial of the main action is stayed pending completion of disclosure by Mobile, can Mobile claim any prejudice by reason of the appellants' delay in bringing their third-party action for indemnity . Additionally, Mobile should be afforded an adequate opportunity to conduct its discovery in the third-party action."