Hemmings v. St. Marks Housing Assoc., L.P.

OPINION OF THE COURT

Julius Vinik, J.

In a personal injury action, arising out of a February 11, 1991 accident involving falling building materials at a construction site, the defendant Blakel Construction Corp. (Blakel) moves to dismiss plaintiff’s direct claim against it. Plaintiff commenced a timely action only against the owner, St. Marks Housing Assoc., L.P. (St. Marks), by filing a summons and complaint on January 21, 1994. On November 22, 1994, after the expiration of the Statute of Limitations on plaintiff’s original claim, St. Marks commenced a third-party action against the general…