Legal Opinion

Great American Indemnity Co. v. Lapp Insulator Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1953PublishedCited by 8 opinions

1Per curiam

The complaint and the third-party complaint each set up two causes of action, one in negligence and the other in breach of warranty. The answer of the defendant to the complaint and the answer of the third-party defendant to the third-party complaint each allege the Statute of Limitations as a defense. The last sale of materials was prior to August 1,1947; the collapse of the radio tower occurred on the night of December 3, 1947; the action was commenced December 1, 1950.

*547The Special Term has dismissed both complaints holding that the three-year Statute of Limitations applies to both causes of…

2Cases cited4 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
  3. Gile v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Buyers v. Buffalo Paint & Specialties, Inc.New York Supreme Court · 1950

3Cited by8 opinions

  1. Chase Manhattan Bank, N.A. v. T & N PLCDistrict Court, S.D. New York · 1995
  2. Durant v. Grange Silo Co.Appellate Division of the Supreme Court of the State of New York · 1960
  3. City of Boulder City v. MilesNevada Supreme Court · 1969
  4. Klein v. Parke-Bernet Galleries, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
  5. Werner Spitz Construction Co. v. Vanderlinde Electric Corp., New York County Courts1970

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