Pyramid Co. of Holyoke v. King & King Architects

• Decision Date: 12 July 1991
• Citation: 175 A.D.2d 641,573 N.Y.S.2d 944
• Court: New York Supreme Court — Appellate Division
• Parties: PYRAMID COMPANY OF HOLYOKE, Appellant, v. KING & KING ARCHITECTS, Respondent.

Page 944

573 N.Y.S.2d 944

175 A.D.2d 641

PYRAMID COMPANY OF HOLYOKE, Appellant, v. KING & KING ARCHITECTS, Respondent.

Supreme Court of New York, Appellate Division, Fourth Department.

July 12, 1991

Bryant, O'Dell & Basso by Brian Cole, Syracuse, for appellant. Sugarman, Wallace, Manheim & Schoenwald by Timothy Perry, Syracuse, for respondent.

Order unanimously affirmed with costs. Memorandum: We affirm for reasons stated at Supreme Court, Onondaga County (Stone, J.). We add only that, were we to agree with plaintiff's contention that this action for money damages is premised on the "same transaction or occurrence" (CPLR 205[a] as that involved in its fourth-party claim against defendant for indemnification in a prior federal court action, we would nevertheless be required to hold that this action was not timely commenced because the indemnification claim in the prior action was terminated by "a final judgment upon the merits" (CPLR 205[a]. (Appeal from Order of Supreme Court, Onondaga County, Stone, J.--Summary Judgment.)

DILLON, P.J., and CALLAHAN, DENMAN, GREEN and LOWERY, JJ., concur.