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METHODIST HOSP. OF BROOKLYN v. LEON D. DE MATTEIS CONSTR. CORP.

67 A.D.2d 855 (1979)

Methodist Hospital of Brooklyn, Plaintiff, v. Leon D. De Matteis Construction Corp. et al., Defendants Leon D. De Matteis Construction Corp., Defendant and Third-Party Plaintiff-Respondent, v. John Grace & Co., Inc., et al., Third-Party Defendants, and Climate & Controls Division of the Singer Company et al., Third-Party Defendants-Appellants Eggers and Higgins et al., Defendants and Third-Party Plaintiffs, v. Throop & Feiden et al., Third-Party Defendants

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

February 8, 1979

The general contractor's third-party complaint asserts a claim for indemnity against the moving third-party defendant, grounded upon allegations of negligence in the performance of work at the project and breach of warranty of fitness for use as regards movant's sale of air-conditioning equipment to another subcontractor. Concededly, the Statute of Limitations has run on any cause of action for breach of warranty. Insofar as any liability for indemnity predicated upon movant...

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