Legal Opinion

Residential Board of Managers of Platinum v. 46th Street Development, LLC

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 2017No. 4568 595233/15 590050/16PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered on or about July 22, 2016, which denied the motion of second third-party defendant V.A.L. Floors, Inc. to dismiss the second third-party complaint as against it, unanimously affirmed, without costs.

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 NY3d 243, 247 [2007]). There is no…

2Cases cited5 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Inman v. Binghamton Housing AuthorityNew York Court of Appeals · 1957
  3. Varo, Inc. v. Alvis PLCAppellate Division of the Supreme Court of the State of New York · 1999
  4. Tedesco v. A.P. Green Industries, Inc.New York Court of Appeals · 2007
  5. Travelers Indemnity Co. v. LLJV Development Corp.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. 47 E. 34th St. (NY), L.P. v. Bridgestreet Corporate Hous., LLCAppellate Division of the Supreme Court of the State of New York · 2020
  2. Costanzo v. American Academy of Dramatic ArtsAppellate Division of the Supreme Court of the State of New York · 2025

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