DECROSTA v. REYNOLDS CONSTR.


49 A.D.2d 476 (1975)

Edward F. DeCrosta, Jr., Appellant, v. A. Reynolds Construction and Supply Corporation, Respondent

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

December 4, 1975


Attorney(s) appearing for the Case

Michael LeSawyer for appellant.

Poskanzer, Muffson, Hessberg & Blumberg (Nicholas J. Greisler of counsel), for respondent.

SWEENEY and KOREMAN, JJ., concur with HERLIHY, P. J.; GREENBLOTT and REYNOLDS, JJ., dissent and vote to reverse in an opinion by GREENBLOTT, J.


HERLIHY, P. J.

In October, 1969 defendant erected an in-ground swimming pool on plaintiff's property. The pool collapsed on March 15, 1973, and on January 7, 1974, plaintiff commenced an action for damages, alleging negligence as well as breach of warranty, express and implied. Defendant's motion for summary judgment was granted on the ground that both causes of action were time-barred. No appeal was taken, wherefore...

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