Legal Opinion

Shero v. Home Show U.S.A., Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1993PublishedCited by 5 opinions

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

  1. Mittasch v. Seal Lock Burial Vault, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
  2. Shapiro v. Long Island Lightning Co.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Nassau Roofing & Sheet Metal Co. v. Celotex Corp.Appellate Division of the Supreme Court of the State of New York · 1980

3Cited by5 opinions

  1. Baker v. Dec InternationalMichigan Supreme Court · 1998
  2. Franklin Nursing Home v. Power Cooling, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Baker v. Dec InternationalMichigan Supreme Court · 1998
  4. Washington Freightliner, Inc. v. Shantytown Pier, Inc.Court of Appeals of Maryland · 1998
  5. Washington Freightliner, Inc. v. Shantytown Pier, Inc.Court of Appeals of Maryland · 1998

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