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POTOMAC INS. CO. v. ROCKWELL INT'L CORP.

94 A.D.2d 763 (1983)

Potomac Insurance Company, as Subrogee of Helen Lucker, Respondent, v. Rockwell International Corporation et al., Appellants

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

May 23, 1983

Order reversed insofar as appealed from, on the law, without costs or disbursements, and those branches of defendants respective motion and cross motions which sought to dismiss plaintiff's breach of warranty cause of action against them as time barred granted.

The cause of action for breach of warranty accrues upon "tender of delivery" (Uniform Commercial Code, § 2-725, subd [2]; Doulman v Sears, Roebuck & Co., 85 A.D.2d 707

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