Hansen v. City of New York
New York Supreme Court
1Opinion of the CourtLouis B. Heller, J.
Third-party plaintiffs, defendants in a negligence action, move for judgment dismissing for insufficiency the affirmative defense of Statute of Limitations which has been interposed by the third-party defendants in their answer to the third-party complaint (CPLR 3211, subd. [b]). The third-party complaint is grounded upon the third-party plaintiffs’ alleged status as passive tort-feasors and upon the third-party defendants’ alleged liability as active tort-feasors. Accordingly, it is averred in the third-party complaint, if the third-party plaintiffs should be held liable for the plaintiffs’…
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