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OWENS v. PATENT SCAFFOLDING CO.

77 Misc.2d 992 (1974)

Walter Owens et al., Plaintiffs, v. Patent Scaffolding Co. Division of Harsco, Defendant.

Supreme Court, Special Term, Kings County.

March 8, 1974

Attorney(s) appearing for the Case

Levy & Levy (Allen Levy of counsel), for plaintiffs. Townley, Updike, Carter, Rodgers (Richard J. Codding of counsel), for defendant.

JOHN 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 (CPLR 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...

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