Fitzpatrick v. City of New York

OPINION OF THE COURT

Michael D. Stallman, J.

This motion for summary judgment requires examination of the “relation-back” doctrine. Does defendant’s commencement of a third-party action seeking contractual and common-law indemnification for negligence permit a plaintiff to subsequently sue the third-party defendant directly for negligence? Did the third-party defendant’s nonassertion of the Statute of Limitations in the third-party action waive such a defense against the plaintiff?

Defendant Roadway Contracting, Inc., moves for an order dismissing the plaintiffs’ complaint and all cross claims…