Vasiliades v. City of New York

In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated October 22, 2002, which denied its motion to dismiss the third-party complaint on the grounds of laches and spoliation of evidence.

Ordered that the order is affirmed, with costs.

An action for indemnification such as the third-party action in this case, is an action at law (see McDermott v City of New York, 50 NY2d 211, 217 n 2 [1980]). The doctrine of laches has no application to such an action at law (see Roth v Black Star Publ. Co.,…