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THE RESIDENTIAL BOARD OF MANAGERS OF PLATINUM v. 46TH STREET DEVELOPMENT, LLC

4568, 595233/15, 590050/16, 652156/14E.

154 A.D.3d 422 (2017)

62 N.Y.S.3d 99

2017 NY Slip Op 06903

THE RESIDENTIAL BOARD OF MANAGERS OF PLATINUM, Respondent, v. 46TH STREET DEVELOPMENT, LLC, et al., Defendants. (And a Third-Party Action.) PLAZA CONSTRUCTION LLC, Formerly Known as PLAZA CONSTRUCTION CORP., Second Third-Party Plaintiff-Respondent, v. DEL SALVIO MASONRY CORP. et al., Second Third-Party Defendants, and V.A.L. FLOORS, INC., Second Third-Party Defendant-Appellant.

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

Decided October 3, 2017.

V.A.L.'s contention that the second third-party complaint is time-barred is without merit. "The statute of limitations on a claim for indemnity or contribution accrues only when the person seeking indemnity or contribution has paid the underlying claim" (Tedesco v A.P. Green Indus., Inc., 8 N.Y.3d 243, 247 [2007]). There is no indication in the record that second third-party plaintiff...

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