PYRAMID CO. OF HOLYOKE v. KING & KING ARCHITECTS


175 A.D.2d 641 (1991)

Pyramid Company of Holyoke, Appellant, v. King & King Architects, Respondent

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

July 12, 1991


Order unanimously affirmed with costs.

Memorandum:

We affirm for reasons stated at Supreme Court, Onondaga County (Stone, J.). We add only that, were we to agree with plaintiff's contention that this action for money damages is premised on the "same transaction or occurrence" (CPLR 205 [a]) as that involved in its fourth-party claim against defendant for indemnification in a prior Federal court action, we would nevertheless be required to hold that this action...

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