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MONROE COUNTY v. RAYTHEON CO.

156 Misc.2d 445 (1991)

___ N.Y.S.2d ___

County of Monroe, Plaintiff, v. Raytheon Company et al., Defendants. Federal Insurance Company et al., Third-Party Plaintiffs, v. John P. Bell & Sons, Inc. and John B. Pike & Son, Inc., a Joint Venture, et al., Third-Party Defendants.

Supreme Court, Monroe County.

December 12, 1991

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Rochester (Francis E. Kenny of counsel), for John P. Bell & Sons, Inc., third-party defendant. Sacks Montgomery, P. C., New York City (Scott D. St. Marie of counsel), for third-party plaintiffs.

HAROLD L. GALLOWAY, J.

Third-party defendant John P. Bell & Sons, Inc. (hereinafter Bell) brings this motion (1) to dismiss all four causes of action in the third-party complaint for failure to state a cause of action, and (2) to dismiss the first two causes of action in said complaint because of the Statute of Limitations. For the reasons set forth below the motion is denied.

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