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LOZADA v. STRICKO

212 A.D.2d 514 (1995)

623 N.Y.S.2d 118

Robert Lozada, an Infant, by His Parent and Natural Guardian, Lucille A. Golenko, et al., Plaintiffs, v. Olga Stricko et al., Defendants, and Josef Sokolowski et al., Third-Party Plaintiffs-Respondents. Erm-Northeast et al., Third-Party Defendants-Appellants

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

February 6, 1995

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the third-party defendants' motion to dismiss the third-party complaint as time-barred. To the extent that the third-party action is based on the failure to exercise due care in the performance of a contract and seeks recovery for damages to property or pecuniary interests recoverable in a contract action, the third-party action was timely brought within the six-year Statute of Limitations...

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