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MCDERMOTT v. CITY OF N. Y.

50 N.Y.2d 211 (1980)

Joseph McDermott et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. Heil Company, Third-Party Defendant-Respondent; International Harvester Co., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Stephen J. McGrath and Bernard Burstein of counsel), for defendant and third-party plaintiff-appellant.

Anthony J. McNulty, Eugene Lieber and William F. McNulty for third-party defendant-respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

The cause of action for indemnification interposed against the manufacturer of an allegedly defective product is independent of the underlying wrong and for the purpose of the Statute of Limitations accrues when the loss is suffered by the party seeking indemnity. Hence, the dismissal of that part of the third-party complaint seeking indemnity, as barred by the four-year Statute of Limitations...

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