Mittasch v. Seal Lock Burial Vault, Inc.

In an action to recover damages for breach of an express warranty, plaintiff appeals from an order of the Supreme Court, Nassau County, dated July 26, 1972, which (1) denied her motion to dismiss each defendants’ defense of the Statute of Limitations and (2) granted defendants’ separate cross motions for summary judgment dismissing the complaint on the ground of said defense. Order modified by striking therefrom the decretal provision granting the cross motions and substituting therefor a provision denying the cross motions. As so modified, order affirmed, without costs. In October, 1958…