Justice Jack Battaglia
Plaintiff New Hampshire Insurance Company commenced an action seeking damages for payments made to its insured for losses related to the work performed by the defendants. A third-party complaint brought by Partners on Fourth LLC and Iconic Builders LLC against defendant/third-party defendant Knockdown Contracting Inc. alleged contractual indemnity, breach of contract, common law indemnity and contribution. The third-party plaintiffs, who sought an extension of time to serve the third-party summons and complaint upon Knockdown as well as alternate service upon that party, relied on CPLR 311(b), which authorizes the court to allow alternate service if service within the 120-day period prescribed by CPLR 306-b is “impracticable.” The court granted the third-party plaintiffs’ motion for an extension of time to serve Knockdown, and extended the time for an additional 120 days, but denied the motion as to alternate service. The court noted the fact that there appears to be a lack of prejudice to Knockdown to the extent that it was presumably aware of the underlying actions and the claims for indemnity asserted by the defendants/third-party plaintiffs in those actions, and is deemed to know the contents of its own contracts.