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DiPilato v. Martinelli

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 2000
274 A.D.2d 412 (N.Y. App. Div. 2000)

Opinion

Submitted May 8, 2000.

July 10, 2000.

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.

Menicucci Castellano, Staten Island, N.Y. (Pamela I. Tillman of counsel), for defendants third-party plaintiffs-appellants.

Joseph F. Giacalone, Staten Island, N.Y., for third-party defendant-respondent.

Before: DANIEL W. JOY, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.


DECISION ORDER

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, 214; Green Point Sav. Bank v. Dan's Supreme Supermarket, 199 A.D.2d 304; see also, Cecala Title Guar. Co., 45 Misc.2d 986; Hansen v. City of New York, 43 Misc.2d 1048).


Summaries of

DiPilato v. Martinelli

Appellate Division of the Supreme Court of New York, Second Department
Jul 10, 2000
274 A.D.2d 412 (N.Y. App. Div. 2000)
Case details for

DiPilato v. Martinelli

Case Details

Full title:MICHAEL DIPILATO, ET AL., PLAINTIFFS, v. JOSEPH MARTINELLI, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 10, 2000

Citations

274 A.D.2d 412 (N.Y. App. Div. 2000)
711 N.Y.S.2d 780

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