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LEWIS v. BORG-WARNER CORP.

35 A.D.2d 722 (1970)

Robert M. Lewis et al., Plaintiffs, v. Borg-Warner Corp. et al., Defendants and Third-Party Plaintiffs-Appellants. Rheem Manufacturing Co. et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1970

Case remitted to the Special Term for a hearing to determine whether, on the facts of this case, there was a tolling of the Statute of Limitations under CPLR 207; and appeal held in abeyance pending the hearing and determination thereon. In our view the order dismissing the third-party complaint can be sustained if the Statute of Limitations has run on the main action. A third-party defendant may assert against the plaintiff any...

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