Magistrate Judge Ronald Ellis
Bowman's suit under the Americans with Disabilities Act alleged Cudge Realty's ownership and control of certain premises leased to the Burlington Coat Factory Warehouse defendants (collectively BCF). Bowman's amended complaint withdrew her claims against Cudge. The court granted BCF leave to file a third-party complaint against Cudge and Majestic Rayon Corp. (the Landlord Defendants), allegedly arising from the same facts and circumstances as Bowman's original complaint. BCF argued the Landlord Defendants were responsible for some of the violations alleged in Bowman's lawsuit, and were liable for indemnity and contribution for her claims against BCF. The court found that impleading the Landlord Defendants would neither complicate trial nor create undue delay. Further, the benefits of consolidating BCF's claims outweighed the prejudice to the Landlord Defendants. If its claims are not consolidated, BCF was likely to separately seek indemnity and contribution on its liability to Bowman. Further, BCF's contribution and indemnity allegations met the standard for impleader articulated by the Second Circuit's 1984 decision in Kenneth Leventhal & Co. v. Joyner Wholesale.
