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SEARS ROEBUCK v. ENCO ASSOC

83 Misc.2d 552 (1975)

Sears, Roebuck & Co., Plaintiff, v. Enco Associates, Defendant.

Supreme Court, Westchester County.

June 4, 1975

Attorney(s) appearing for the Case

Doran, Colleran, O'Hara, Pollio & Dunne, P. C., for plaintiff. Hart & Hume for defendant.

MORRIE SLIFKIN, J.

In an action against architects to recover damages for alleged negligence, breach of contract, and breach of implied warranty, defendant moves to dismiss the complaint on the grounds that the action is barred by the Statute of Limitations (CPLR 3211, subd [a], par 5) and that the pleading fails to state a cause of action (CPLR 3211, subd [a], par 7).

On March 24, 1975, this court denied...

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