In [i]Skolnick v. Max Connor, LLC[/i], the defendants delayed in bringing a third-party action until almost a year after the main action for personal injuries was commenced and months after the filing of the note of issue. As the court found the defendants knowingly and deliberately delayed the commencement of the third-party action, it opted to dismiss the action pursuant to CPLR 1010. The court noted the plaintiff was 79 years old and had a trial preference, which would be delayed if the third-party action proceeded to discovery.

Thanks to Bill Kirrane for his contribution to this post.

http://www.nycourts.gov/reporter/3dseries/2011/2011_07716.htm