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  5. 61 A.D.2d 196 (1978)
 

McCARTHY v. BRISTOL LABS.

61 A.D.2d 196 (1978)

Evelyn McCarthy et al., Respondents, v. Bristol Laboratories, Division of Bristol-Myers Company, et al., Appellants

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

January 23, 1978

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood (Russell H. Beatie, Jr., Steven C. Kany and Raymond F. Brown of counsel), for Eli Lilly & Company, appellant.

Warren Freedman (Cary Stewart Sklaren and Richard L. Stern of counsel), for Bristol Laboratories, Division of Bristol-Myers Company, appellant.

Barry, McTiernan, Moore & Siracuse (Richard J. Nelson of counsel), for respondents.

LATHAM, RABIN and MARGETT, JJ., concur.

HOPKINS, J. P.

The narrow question before us is whether the three-year Statute of Limitations (CPLR 214, subd 5), or the four-year Statute of Limitations (Uniform Commercial Code, § 2-725) applies to a cause of action to recover damages for personal injuries arising from a breach of warranty.

Special Term held that the four-year limitation under the Uniform Commercial Code was the controlling provision...

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