Opinion
February 6, 1995
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the third-party defendants' motion to dismiss the third-party complaint as time-barred. To the extent that the third-party action is based on the failure to exercise due care in the performance of a contract and seeks recovery for damages to property or pecuniary interests recoverable in a contract action, the third-party action was timely brought within the six-year Statute of Limitations applicable to contract actions (see, Video Corp. v. Flatto Assocs., 58 N.Y.2d 1026; Sears, Roebuck Co. v. Enco Assocs., 43 N.Y.2d 389).
We have considered the appellants' remaining contentions and find them to be without merit. Thompson, J.P., Copertino, Pizzuto and Goldstein, JJ., concur.