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21ST CENTURY DIAMOND, LLC v. ALLFIELD TRADING, LLC

6551N. 650331/09.

164 A.D.3d 417 (2018)

84 N.Y.S.3d 892

2018 NY Slip Op 05732

21st Century Diamond, LLC, Plaintiff, v. Allfield Trading, LLC, et al., Defendants. Allfield Trading, LLC, et al., Third-Party Plaintiffs-Respondents, v. Exelco North America, Inc., et al., Third-Party Defendants-Appellants. Sterling Jewelers, Inc., Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 9, 2018.

The record supports the contention of third-party defendants and Sterling that they entered into a common-interest agreement "out of a reasonable concern that [third-party] plaintiffs might decide to add Sterling as a [third-party] defendant" (21st Century Diamond, LLC v Allfield Trading, LLC, 142 A.D.3d 913, 914 [1st Dept 2016]). Hence, the common-interest doctrine applies to protect...

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