Scott & Son v. American Building Co.

— Order unanimously affirmed, without costs. Memorandum: Defendant is a manufacturer of metal buildings. It is undisputed that in 1973 defendant’s dealer, a contractor, sold one of defendant’s buildings to plaintiff and erected it upon plaintiff’s property. This action was commenced on July 24, 1980. Plaintiffs’ complaint alleges a breach of express warranty guaranteeing that the roof of the building would not rust or corrode for 20 years. On examination before trial, plaintiff Glenn Scott testified that he first observed that the roof was rusting “in the spring of 1976.” Defendant moved for…