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GREAT ATL. & PAC. TEA CO. v. RUST ENG. CO.

75 Misc.2d 920 (1973)

Great Atlantic & Pacific Tea Company, Inc., Plaintiff, v. Rust Engineering Company et al., Defendants.

Supreme Court, Chemung County.

August 1, 1973

Attorney(s) appearing for the Case

Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman of counsel), for plaintiff. Harpending, Fox, Buck, Gleckner & Danaher for Rust Engineering Company, defendant. Charles Swan and Ralph S. Cramer for Brown & Kerr, Inc., defendant. Coughlin, Dermody & Guy (Richard B. Long of counsel), for GAF Corporation, defendant. Donovan, Graner, Davidson & Burns for J. G. White Engineering Corporation, third-party defendant.

PAUL J. YESAWICH, JR., J.

This is a suit by the owner of a recently constructed food processing plant against the general contractor, the roofing subcontractor and the manufacturer and supplier of roofing material and its surety. The manufacturer and supplier, defendant GAF Corporation, moves to dismiss so much of plaintiff's fourth cause of action as is based on breach of warranty on the ground that it was not commenced within four years after the cause...

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