Gross v. Hanover Ins. Co.
United States District Court for the Southern District of New York
138 F.R.D. 53 (S.D.N.Y. 1991)
Relevant factsFree
Gross (plaintiff) filed an insurance claim with Hanover (defendant) after jewelry he had on consignment at 3-R Jewelers was stolen. Hanover moved to implead 3-R's owner, Anthony Rizzo, and employee, Joseph Rizzo, alleging Joseph may have been involved in the theft (based on a witness account) and that Anthony knew of Joseph's drug problem when he hired him. Gross opposed the impleader as speculative, untimely, and prejudicial to him.
IssueFree
Whether a court may allow a defendant to implead an outside party who is or may be liable to the defendant for the plaintiff's claims.