N.Y. Court Finds that 5th-Party Defendant Should Remain in Case

NEW YORK - A New York judge has ruled that a fifth-party subcontractor defendant may be far removed from the original plaintiff but its dismissal is unwarranted given allegations that its work was central to plaintiff's mold claims. Kramer v. Zeckendorf, No. 128014/2002 (N.Y. Sup., N.Y. Cty.).

Supreme Court Justice Jane S. Solomon said in her March 28 decision that she does not consider Ecoline Insulation Inc. a "door knob" defendant, a term she has given to subcontractors "dragooned" into the litigation by contractors who "indiscriminately" sued every subcontractor involved in the construction of the building.

Richard Kramer and several …