A. A defendant who pleads a counterclaim or cross-claim shall be deemed to have brought an action at the time he files such pleading.

B. If the subject matter of the counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the statute of limitations with respect to such pleading shall be tolled by the commencement of the plaintiff’s action.

History

Code 1950, § 8-244; 1954, c. 611; 1977, c. 617.