City of Buffalo v. Maggio

Keating, J. (dissenting).

We would apply the literal words of section 207-c of the General Municipal Law and hold that a “ cause of action [has] accrued ” to the City of Buffalo, not by way of subrogation or assignment, but in its own right and that therefore the action here was timely commenced since it was started within six years of payment. (Civ. Prac. Act, § 48, subd. [2].)

United States Cas. Co. v. North Amer. Brewing Co. (253 App. Div. 576, affd. 279 N. Y. 762), relied upon by the majority in the Appellate Division, is distinguishable. There the three-year ¡Statute of Limitations (Civ.…