Michael DiPilato et al., Plaintiffs, v. Joseph Martinelli et al., Defendants and Third-Party Plaintiffs-Appellants. Green Point Savings Bank et al., Third-Party Defendants; Ridge Abstract Corp., Third-Party Defendant-Respondent

Michael DiPilato et al., Plaintiffs, v Joseph Martinelli et al., Defendants and Third-Party Plaintiffs-Appellants. Green Point Savings Bank et al., Third-Party Defendants; Ridge Abstract Corp., Third-Party Defendant-Respondent. [711 NYS2d 780] [MAJORITY] —In an action pursuant to RPAPL article 15 to determine claims to real property, the defendants third-party plaintiffs appeal from an order of the Supreme Court, Richmond County (Ponterio, J.), dated July 16, 1999, which granted the motion of the third-party defendant Ridge Abstract Corp., to dismiss the amended third-party complaint insofar as asserted against it as time-barred. Ordered that the order is affirmed, with costs. The Supreme Court properly determined that the cause of action interposed against the third-party defendant Ridge Abstract Corp., whether characterized as being based on negligence or implied indemnification, was barred by the relevant Statutes of Limitation (see, CPLR 213 [2]; 214 [5]; Green Point Sav. Bank v Dan’s Supreme Supermarket, 199 AD2d 304; see also, Cecala v Title Guar. Co., 45 Mise 2d 986; Hansen v City of New York, 43 Misc 2d 1048). Joy, J. P., Friedmann, Krausman and H. Miller, JJ., concur.