Polo, Ralph Lauren Corp. v. City of New York

Full title: POLO, RALPH LAUREN CORP., Plaintiff, v. CITY OF NEW YORK et al.…

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

Date published: May 6, 1993

193 A.D.2d 411 (N.Y. App. Div. 1993)

597 N.Y.S.2d 74

Opinion

May 6, 1993

Appeal from the Supreme Court, New York County (Helen E. Freedman, J.).

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, such notice is not a basis upon which to permit plaintiff to commence a direct action after the 3-year statute of limitations had run (supra).

Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Nardelli, JJ.