Opinion
February 3, 1986
Appeal from the Supreme Court, Rockland County (Edelstein, J.).
Order affirmed insofar as appealed from, with costs.
Plaintiffs' action for indemnification was not time barred since it was instituted after payment was made but before the applicable six-year Statute of Limitations had run (see, Bay Ridge Air Rights v. State of New York, 44 N.Y.2d 49, 54-55; State of New York v. Stewart's Ice Cream Co., 64 N.Y.2d 83). Moreover, plaintiffs' suit was not barred by laches, since plaintiffs were not guilty of delay which prejudiced defendant (see, Sorrentino v. Mierzwa, 25 N.Y.2d 59, 63). Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.