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CESSAY v. NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC.

269 A.D.2d 159 (2000)

701 N.Y.S.2d 907

BANU CESSAY et al., Respondents, v. NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., Appellant and Third-Party Plaintiff-Appellant. R & R CONTRACTING COMPANY, INC., et al., Third-Party Defendants-Respondents.

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

Decided February 3, 2000.

The third-party action, commenced on May 13, 1998, was properly dismissed as untimely, since the parties stipulated that all third-party actions would be commenced by January 13, 1998 (see, National Enters. Corp. v Dechert Price & Rhoads, 181 A.D.2d 443), and defendant and third-party plaintiff failed to proffer an adequate excuse for the delay.

Also proper was the court's...

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