On May 24, 2022, the First Department issued a decision in Americon Constr., Inc. v. Cirocco & Ozzimo, Inc., 2022 NY Slip Op 03342, dismissing indemnification and contribution claims as premature, explaining:
The motion court should also have denied Americon leave to amend its complaint to add contractual and common-law indemnification and contribution claims against Laquila, because these claims have not yet accrued. Claims for indemnification and/or contribution do not accrue for purposes of the Statute of Limitations until the party seeking indemnification and/or contribution has made payment to the injured person. Americon has made no such allegations of payment here. Although indemnification or contribution claims may be asserted by way of a third-party action, even if technically premature, this exception does not apply where, as here, the plaintiff seeks to assert such claims directly in the main action and not by impleader in a third-party action.
(Internal quotations and citations omitted) (emphasis added).