Legal Opinion
Chopra v. Pella Window Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 2003PublishedCited by 2 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Hester, Jr., J.), entered November 27, 2002 in Broome County, which granted defendant’s motion to dismiss the complaint.
Plaintiff commenced this action in February 2002, alleging breach of warranty arising from the sale of windows in 1990. Defendant moved for dismissal of the complaint on the ground that the applicable statute of limitations had expired (see UCC 2-725). Supreme Court granted the motion and dismissed the complaint.
On appeal, plaintiff asserts that defendant breached a warranty of future performance and, thus, the statute of…
2Cases cited7 opinions
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- St. Patrick's Home for the Aged & Infirm v. Laticrete International, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Matter of SteyerNew York Court of Appeals · 1988
- Davis v. A.O. Smith Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Imperia v. Marvin Windows of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by2 opinions
- Cardinal Health 301, Inc. v. Tyco Electronics Corp.California Court of Appeal · 2008
- Thoma v. Town of SchodackAppellate Division of the Supreme Court of the State of New York · 2004