EIFS, Inc. v. Morie Co.

—In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), entered June 11, 2001, which denied its motion to dismiss the first, second, third, fourth, and sixth causes of action asserted by the plaintiffs Polymer Plastics Corp., and Vitricon, Inc., as barred by the statute of limitations.

Ordered that the order is affirmed, with costs.

Since the defendant could have raised its standing argument on a prior appeal, and it failed to set forth any new facts to warrant reversal of…