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DIPILATO v. MARTINELLI

274 A.D.2d 412 (2000)

711 N.Y.S.2d 780

MICHAEL DIPILATO et al., Plaintiffs, v. JOSEPH MARTINELLI et al., Defendants and Third-Party Plaintiffs-Appellants. GREEN POINT SAVINGS BANK et al., Third-Party Defendants; RIDGE ABSTRACT CORP., Third-Party Defendant-Respondent.

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

Decided July 10, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the cause of action interposed against the third-party defendant Ridge Abstract Corp., whether characterized as being based on negligence or implied indemnification, was barred by the relevant Statutes of Limitation (see, CPLR 213 [2]; 214 [5]; Green Point Sav. Bank v Dan's Supreme Supermarket, 199 A.D.2d 304; see also, Cecala...

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