SEARS, ROEBUCK v. ENCO ASSOC.


54 A.D.2d 13 (1976)

Sears, Roebuck & Co., Appellant, v. Enco Associates, Inc., Respondent

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

July 12, 1976


Attorney(s) appearing for the Case

Doran, Colleran, O'Hara, Pollio & Cunne, P. C. (Robert J. Aurigema and John R. Urban of counsel), for appellant.

Hart & Hume (Roger A. Goodnough of counsel), for respondent.

HOPKINS, Acting P. J., LATHAM and TITONE, JJ., concur; MARTUSCELLO, J., concurs in the result.


HAWKINS, J.

The question to be determined is whether the three-year Statute of Limitations governing actions in negligence applies, or whether either, or both, of the causes of action, sounding respectively in breach of contract and implied warranty, accord the plaintiff the benefit of the six-year statute.

The appeal by the plaintiff is from an order (and the judgment entered thereon) granting the defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases