Braniff Airways, Inc., Phillip Addabbo, and Morton D. Stein, as of the Estate of Maurice Berg, Deceased v. Curtiss-Wright Corporation

I agree with the majority’s determination that reconsideration of our original decision at this time is required by the authorities and that Braniff’s claim for implied warranty should be reinstated. However, I would also reinstate Berg’s *432and Addabbo’s claims for implied warranty.

The majority finds it “highly doubtful” that the New York courts would permit the Florida accrual at discovery rule to govern. I do not agree. The New York courts have rejected a mechanical jurisdiction selecting rule.

“Justice, fairness and ‘the best practical result’ * * * may best be achieved by giving controlling…