Legal Opinion
McDermott v. City of New York
New York Court of Appeals
Decided May 1, 1980PublishedCited by 282 opinions
1Opinion of the Court
*215OPINION OF THE COURT
Chief Judge Cooke.
The cause of action for indemnification interposed against the manufacturer of an allegedly defective product is independent of the underlying wrong and for the purpose of the Statute of Limitations accrues when the loss is suffered by the party seeking indemnity. Hence, the dismissal of that part of the third-party complaint seeking indemnity, as barred by the four-year Statute of Limitations for breach of warranty measured from the date of tender of delivery (Uniform Commercial Code, § 2-725), was unwarranted.
Plaintiff Joseph McDermott, an employee in…
2Cases cited25 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Riviello v. WaldronNew York Court of Appeals · 1979
- Codling v. PagliaNew York Court of Appeals · 1973
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
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3Cited by282 opinions
- Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
- McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
- Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987
277 more not listed; retrieve them via the Exa API.