Legal Opinion
Ploof v. Stone Construction Equipment, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1995PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff injured his hand and arm when he reached into a cement mixer while the mixer blades were rotating. He commenced this action against the manufacturer and seller of the cement mixer, asserting causes of action sounding in negligence, strict products liability and breach of warranty.
Supreme Court properly granted summary judgment dismissing the breach of warranty cause of action upon the ground that it was time-barred (see, UCC 2-725) and denied plaintiff’s motion…
2Cases cited3 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Home Insurance v. American Home Products Corp.New York Court of Appeals · 1990
3Cited by4 opinions
- Lamb v. Kysor Industrial Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Czerniejewski v. Steward-Glapat Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Rochester Refrigerating Corp. v. Easy Heat, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Upfold v. Generac Corp.Appellate Division of the Supreme Court of the State of New York · 1996