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CUCUZZA v. VACCARO

109 A.D.2d 101 (1985)

Vito Cucuzza, Appellant, v. Frank A. Vaccaro, P. E., Defendant and Third-Party Plaintiff. Robert Beuthe, Doing Business as Beuthe Excavating, Third-Party Defendant-Respondent

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

June 10, 1985

Attorney(s) appearing for the Case

Dorfman & Bloom (Jack H. Dorfman of counsel), for appellant.

Composto & Longo (Frank A. Composto of counsel), for third-party defendant-respondent.

GIBBONS, J. P., and NIEHOFF, J., concur with LAWRENCE, J.; BROWN, J., dissents and votes to affirm the order appealed from, with an opinion.

LAWRENCE, J.

The instant appeal presents the issue of whether a plaintiff's direct claim against a third-party defendant should be deemed to relate back to the date of service of the third-party complaint pursuant to CPLR 203 (e) for purposes of determining the timeliness of the claim. We start with a brief review of the facts.

On or about June 13, 1979, the plaintiff Vito Cucuzza commenced the instant...

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