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POLO, RALPH LAUREN CORP. v. CITY OF NEW YORK

193 A.D.2d 411 (1993)

597 N.Y.S.2d 74

Polo, Ralph Lauren Corp., Plaintiff, v. City of New York et al., Defendants. Devonish & Co., Inc., Appellant, v. City of New York, Defendant, and Consolidated Edison Company of New York, Inc., et al., Respondents. (And a Third-Party Action.)

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

May 6, 1993

The trial court properly concluded that plaintiff's direct action against the third-party defendants was time-barred because the third-party complaint was commenced after the expiration of the underlying statute of limitations (Zaveta v Portelli, 127 A.D.2d 760, 761). While the third-party defendants, as participants in the consolidated tort actions, had notice of the underlying occurrence...

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