Legal Opinion
Owens v. Patent Scaffolding Co.
New York Supreme Court
Decided March 8, 1974PublishedCited by 36 opinions
1Opinion of the CourtJohn A. Monteleone, J.
In these personal injury and loss of service actions, arising out of breach of warranties of fitness for use and merchantability, defendant moves to dismiss the complaint (CPLB 3211) on the ground that they are time-barred.
Plaintiff Walter Owens was allegedly injured on July 1, 1969 by a fall from malfunctioning scaffolding equipment (owned by defendant and leased to plaintiffs’ employer), delivered to the construction site on June 20,1969 under a rental agreement. The summons and complaint were served on June 27, 1973 — 4 years and 7 days after delivery of the equipment.
Uniform Commercial…
2Cases cited10 opinions
- Baker v. CITY SEATTLEWashington Supreme Court · 1971
- Agar v. OrdaNew York Court of Appeals · 1934
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Civil Court of the City of New York · 1969
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Vitex Manufacturing Corporation, Ltd. v. Caribtex CorporationCourt of Appeals for the Third Circuit · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- City of New York v. Pullman Inc.Court of Appeals for the Second Circuit · 1981
- Bulova Watch Co. v. Celotex Corp.New York Court of Appeals · 1979
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Industralease Automated & Scientific Equipment Corp. v. R. M. E. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Walter E. Heller & Co. v. Convalescent Home of First Church of DeliveranceAppellate Court of Illinois · 1977
31 more not listed; retrieve them via the Exa API.