DiPilato v. Martinelli — 274 A.D.2d 412

Majority

p. 412

Michael DiPilato et al., Plaintiffs, v Joseph Martinelli et al., Defendants and Third-Party Plaintiffs-Appellants. Green Point Savings Bank et al., Third-Party Defendants; Ridge Abstract Corp., Third-Party Defendant-Respondent.

[711 NYS2d 780]

—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.

Cases cited

Hansen v. City of New York 43 Misc 2d 1048 N.Y. Sup. Ct. 1964-09-09 p. 412