Friday, August 7, 2009

Stays and Crossclaims

Plaintiff brings action for breach of trust against d1 and d2. Defendants held liable. Plaintiff and d1 settle whereunder d1 pays judgment and takes assignment of claim aginst d2. D2 third party claims against d1 claiming contirnution and indemnity. After d1 pays plainitff under settlement d1 gets an order to continue based on assignment in settlement. Order gets set aside on basis that therwas no assignment in settlement. Plaintiff then makes proper assignment of its claims against d2 to di. and d1 moves amend its defemce to d2's action against him to crossclaim against d2.

Motion granted.

Rule 11.01 stays any proceeding where interest of a party has been transferred by assignment but here does not operate to stay crossclaim. A crossclaim is a separate proceeding from the main claim so rule 11.01 stay did not bar its assertion by d1 against d2.

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