TAVERNIER v. TONER


155 A.D.2d 948 (1989)

Daniel Tavernier, Plaintiff, v. Irving J. Toner, as President and Treasurer of Warsaw Television Cable Corp., et al., Defendants and Third-Party Plaintiffs-Appellants. John B. Elliott, Third-Party Defendant-Respondent. (Appeal No. 1.)

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

November 15, 1989


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

The court erred in dismissing the third-party complaint as time barred. Claims over for contribution and indemnification do not accrue until the party interposing the claims has paid on the underlying claim (see, Siegel, NY Prac § 162, at 203-204). Since it is not disputed that judgment for plaintiff on the underlying claims has not been entered, much less paid, the...

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