DOULMAN v. SEARS, ROEBUCK & CO.


85 A.D.2d 707 (1981)

Jerry Doulman et al., Respondents, v. Sears, Roebuck and Company, Appellant

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

December 31, 1981


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...

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