H. Sand & Co., Inc. v. Airtemp Corp.

OPINION

IRVING BEN COOPER, District Judge.

RELIEF SOUGHT

Defendant Airtemp Corporation (“Air-temp”) moves for summary judgment pursuant to Fed.R.Civ.P. 56(b) dismissing the amended complaint of plaintiff H. Sand & Co. Inc. (Sand) on the grounds that: (a) plaintiff Sand did not initiate litigation until more than four years after tender of delivery of the goods and thus, under New York Uniform Commercial Code (U.C.C.) § 2-725 this action is time-barred; (b) Sand expressly assented to Airtemp’s warranty terms in writing which expired long before Sand made any claim for service thereunder; or (c)…