Appellate Division of the Supreme Court of New York, 2000

DiPilato v. Martinelli

DiPilato v. Martinelli
Appellate Division of the Supreme Court of New York · Decided July 10, 2000
274 A.D.2d 412; 711 N.Y.S.2d 780; 2000 N.Y. App. Div. LEXIS 7724
DiPilato v. Martinelli

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Opinion of the Court

—In an action pursuant to RPAPL article 15 to determine claims to real property, the defendants third-party plaintiffs appeal from an order of the Supreme Court, Richmond County (Ponterio, J.), dated July 16, 1999, which granted the motion of the third-party defendant Ridge Abstract Corp., to dismiss the amended third-party complaint insofar as asserted against it as time-barred.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the cause of action interposed against the third-party defendant Ridge Abstract Corp., whether characterized as being based on negligence or implied indemnification, was barred by the relevant Statutes of Limitation (see, CPLR 213 [2]; 214 [5]; Green Point Sav. Bank v Dan’s Supreme Supermarket, 199 AD2d 304; see also, Cecala v Title Guar. Co., 45 Mise 2d 986; Hansen v City of New York, 43 Misc 2d 1048). Joy, J. P., Friedmann, Krausman and H. Miller, JJ., concur.

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