over the bar at the start of the second before finishing with 18 points against Hodgson's 24. After losing to late kicks at Gloucester last week Wasps headed south happy and in seventh position while 7,200 Sale fans were left to ponder Walder's smash and grab. However, they did at least see a game despite the heavy rain which fell all day and fully tested Edgeley Park's new drainage system as well as Mr Rose's nerves.Lexington LLC, 116 AD3d 544 [1st Dept 2014]). Nor, as the motion court found, has City Safety been prejudiced by the delay in the commencement of the second third-party action. The note of issue was filed April 23, 2015. The second third-party complaint was filed September 22, 2015, after it "became evident" to defendants' counsel, on September 9, 2015, when they received expert disclosure from plaintiffs' counsel, that they had a cause of action against City Safety. Even if there was a delay, it did not rise to the level of the knowing and deliberate delay by the defendants in Skolnick v Max Connor, LLC (89 AD3d 443 [1st Dept 2011]), on which City Safety relies. Moreover, the issues of law and fact involved in the main and