UNITRON GRAPHICS, INC. v. MERGENTHALER LINOTYPE CO.


75 A.D.2d 783 (1980)

Unitron Graphics, Inc., Appellant, v. Mergenthaler Linotype Company, Respondent

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

May 29, 1980


This action was commenced on November 21, 1978. The complaint contains two causes of action that sound in breach of warranty and contract. Essentially, the plaintiff seeks damages because the defendant installed rebuilt rather than new equipment under an agreement dated May 8, 1974. The defendant seeks to dismiss the action in chief as time barred under the four-year Statute of Limitations set forth in subdivision (1) of section 2-725 of the Uniform Commercial Code. Upon...

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