Legal Opinion
Cecos International, Inc. v. Advanced Polymer Sciences, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1997PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the motion of defendant Advanced Polymer Sciences, Inc. (APS), for summary judgment dismissing the causes of action for breach of warranty and negligent misrepresentation. With respect to the cause of action for breach of warranty, the limited warranty requires that any claim under the warranty be made within five days of discovery of the breach, and it is undisputed that plaintiff asserted no claim against APS for nearly two…
2Cases cited6 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Fort Ann Central School District v. HoganAppellate Division of the Supreme Court of the State of New York · 1994
- Stiber v. CotroneAppellate Division of the Supreme Court of the State of New York · 1989
- Andres v. LeRoy Adventures, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wright v. SelleAppellate Division of the Supreme Court of the State of New York · 2006
- Niagara Foods, Inc. v. Ferguson Electric Service Co.Appellate Division of the Supreme Court of the State of New York · 2011
- NIAGARA FOODS, INC. v. FERGUSON ELECTRIC SERVICE COMPANYAppellate Division of the Supreme Court of the State of New York · 2011