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RICHARD A. SPRAGUE, Plaintiff, v. MICHAEL MARSHALL et al., Defendants and Third-Party Plaintiffs-Appellants. LAWRENCE D'ANGELO, Third-Party Defendant-Respondent. (Appeal No. 1.).

Memorandum: Plaintiff commenced this action seeking to recover damages arising from a fire at his home that originated on defendants' neighboring premises. Defendants in turn commenced a third-party action seeking "contribution and/or indemnification" from third-party defendant, a contractor who was alleged to have negligently caused the fire. Supreme Court erred in granting that part of the cross motion of third-party defendant that sought to dismiss the third-party complaint as time-barred. A cause of action for indemnity or contribution does not accrue for purposes of the statute of limitations until payment has been made by the party seeking to recover ( see State of New York v. Stewart's Ice Cream Co., 64 NY2d 83, 88-89; McDermott v. City of New York, 50 NY2d 211, 217-220; Fisher v. Preston, 251 AD2d 843, 844). Because it is undisputed that no payment had been made by defendants to plaintiff, the statute of limitations on defendants' third-party cause of action had not begun to run.

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SPRAGUE v. MARSHALL
(Feb 4, 2005)