Cessay v. Neighborhood Partnership Housing Development Fund Co.

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered October 9, 1998, which, inter alia, granted plaintiffs cross motion to dismiss the third-party complaint and granted plaintiffs motion for summary judgment on the issue of liability, and order, same court and Justice, entered April 1, 1999, which granted defendant and third-party plaintiffs motion for reargument and renewal and thereupon adhered to its prior determination, unanimously affirmed, without costs.

The third-party action, commenced on May 13, 1998, was *160properly dismissed as untimely, since the parties stipulated that…