DROOBY v. COLLINS


281 A.D. 733 (1952)

Mary Drooby, Respondent, v. William J. Collins et al., Doing Business as Northern Distributing Co., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1952.


The action is one for breach of warranty, to recover for personal injuries alleged to have been received on or about September 23, 1946, as the result of the explosion of a bottle of ale purchased by the plaintiff from the defendants on or about that date. The action was commenced on March 31, 1951, more than three years but less than six years after the accrual of the cause of action. The court below correctly held that subdivision 6 of section 49 of the Civil Practice Act...

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