Reversing the lower court, a state appeals court is allowing a personal-injury plaintiff to amend his complaint to add third-party supervisors of a Randall’s Island construction area where he was injured, based only on his counsel learning about the supervisors via a third-party cross complaint filed by the original defendant.

In a terse decision, the Appellate Division, First Department court noted that “the third-party complaint by [original] defendant third-party plaintiff Founders Entertainment Inc. alleged the existence of contracts with [the alleged third-party overseers and supervisors] Mountain [Productions Inc.] and Theatrical [Resources LLC] to perform work at the site where plaintiff was allegedly injured by a falling steel beam, and Mountain and Theatrical’s proposed answers, cross-claims, and counterclaims to the proposed amended complaint also admitted the existence of those contracts.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]