Sears, Roebuck & Co. v. Enco Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHawkins, J.
The question to be determined is whether the three-year Statute of Limitations governing actions in negligence applies, or whether either, or both, of the causes of action, sounding respectively in breach of contract and implied warranty, accord the plaintiff the benefit of the six-year statute.
The appeal by the plaintiff is from an order (and the judgment entered thereon) granting the defendant’s motion to dismiss the complaint on the ground that the action is time-barred and that the second cause of action pleading breach of implied warranty fails to state a cause of action.
On May 15, 1967…
2Cases cited23 opinions
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
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3Cited by10 opinions
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- City of Mounds View v. WalijarviSupreme Court of Minnesota · 1978
- LaBeach v. Beatrice Foods Co.District Court, S.D. New York · 1978
- Queensbury Union Free School District v. Jim Walter Corp.New York Supreme Court · 1977
- Cooper v. EdinberghNew York Supreme Court · 1978
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