Dennin v. General Motors Corp.

Plaintiff purchased one of defendant’s 1971 model automobiles in June of that year. The convertible top was allegedly defective and upon failure of defendant’s dealer to remedy the situation, suit was commenced in November; 1973. Defendant moves for dismissal of the complaint under CPLR 3211 contending that the cause of action is barred by the Statute of Limitations. The complaint is based upon breach of warranty, both express and implied. Defendant argues that the normal four-year Statute of Limitations (Uniform Commercial Code, § 2-725, subd. [1]) has been reduced in accordance with the…