DeCrosta v. Reynolds Construction & Supply Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, P. J.
In October, 1969 defendant erected an in-ground swimming pool on plaintiffs property. The pool collapsed on March 15, 1973, and on January 7, 1974, plaintiff commenced an action for damages, alleging negligence as well as breach of warranty, express and implied. Defendant’s motion for summary judgment was granted on the ground that both causes of action were time-barred. No appeal was taken, wherefore the correctness of that determination is not before this court. In June of 1974, plaintiff commenced the present action setting forth similar facts and alleging that defendant was liable under…
2Cases cited6 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Inman v. Binghamton Housing AuthorityNew York Court of Appeals · 1957
- Mendel v. Pittsburgh Plate Glass Co.New York Court of Appeals · 1969
- Velez v. Craine & Clark Lumber Corp.New York Court of Appeals · 1973
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3Cited by14 opinions
- Boddie v. Litton Unit Handling SystemsAppellate Court of Illinois · 1983
- John R. Dudley Construction, Inc. v. Drott Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Consolidated Edison Co. of New York, Inc. v. Westinghouse Electric Corp.District Court, S.D. New York · 1983
- O'BRIEN v. Grumman Corp.District Court, S.D. New York · 1979
- Mattingly v. Anthony Industries, Inc.California Court of Appeal · 1980
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