Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss plaintiffs' second cause of action granted.
Plaintiffs' cause of action for breach of warranty accrued at "tender of delivery" (see Uniform Commercial Code, § 2-725, subd [2]), which admittedly occurred prior to the 1975 amendment to section 2-318 of the Uniform Commercial Code (L 1975, ch 774, § 1). Therefore, it was improper for Special Term to apply said amendment to the...
Let's get started
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.