Lewis v. Borg-Warner Corp.

On this appeal by the defendants-third-party plaintiffs from an order of the Supreme Court, Orange County, dated May 16, 1968, which granted the separate motions of the third-party defendants to dismiss the third-party complaint, the case was remitted to the Special Term, by order of this court, dated October 5, 1970, for a hearing to determine whether, on the facts of the case, there was a tolling of the Statute of Limitations under CPLR 207 and the appeal has been held in abeyance pending such hearing and determination (Lewis v. Borg-Warner Corp., 35 A D 2d 722). Such hearing has been held…