OWENS v. PATENT SCAFFOLDING CO., DIV. OF HARSCO CORP.


50 A.D.2d 866 (1975)

Walter Owens et al., Appellants, v. Patent Scaffolding Co., Division of Harsco Corporation, Respondent

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

December 22, 1975


Order reversed, with $50 costs and disbursements, and motion denied.

Defendant's time to answer the complaint is extended until 20 days after entry of the order to be made hereon. We find no warrant for applying the restrictive four-year Statute of Limitations specified in section 2-725 of the Uniform Commercial Code to an action for breach of implied warranties of merchantability and fitness for use in connection with the rental of the scaffold here in question....

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