Shero v. Home Show U.S.A., Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed plaintiffs’ action as time-barred. Plaintiffs were required to commence their action within four years after the cause of action accrued (see, UCC 2-725 [1]). The cause of *1073action accrued on March 22, 1985, when installation of the solar heating unit was complete (see, UCC 2-725 [2]; Nassau Roofing & Sheet Metal Co. v Celotex Corp., 74 AD2d 679, 681). Plaintiffs did not commence the action until March 14, 1990, nearly a year after the limitations period had expired.
We reject plaintiffs’ argument that article…
2Cases cited3 opinions
- Mittasch v. Seal Lock Burial Vault, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Shapiro v. Long Island Lightning Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Nassau Roofing & Sheet Metal Co. v. Celotex Corp.Appellate Division of the Supreme Court of the State of New York · 1980
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- Washington Freightliner, Inc. v. Shantytown Pier, Inc.Court of Appeals of Maryland · 1998
- Washington Freightliner, Inc. v. Shantytown Pier, Inc.Court of Appeals of Maryland · 1998