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Hammel v. City of New York3/25/2002
This opinion is uncorrected and will not be published in the Official Reports.
Dismissal and Non-suit--Abandoned Cases
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Third-party defendant N.F. Drywall, Inc. appeals from an order of the Civil Court, Bronx County, dated April 23, 2001 (Howard H. Sherman, J.) denying its motion to dismiss the third-party complaint as abandoned pursuant to CPLR 3215(c).
Order dated April 23, 2001 (Howard H. Sherman, J.) affirmed, with $10 costs.
In this personal injury action, Civil Court properly denied third-party defendant's motion to dismiss the third-party complaint as abandoned pursuant to CPLR 3215(c) since no determination of liability had been made in the main action and no cause of action for indemnity had accrued (see, Multari v Glalin Arms Corp., 28 AD2d 122, 124, appeal dismissed 23 NY2d 740). In any event, the third-party action was timely (*4)recommenced (see, Lincoln First Bank of Rochester v Palmyra Motors, Inc., 84 AD2d 670). We have considered appellant's remaining contention of laches and find it to be without merit.
This constitutes the decision and order of the court.
I concur.
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