ERICKSON v. YMCA OF NYACK


108 A.D.2d 720 (1985)

Leif Erickson, Appellant, v. YMCA of Nyack, Respondent

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

February 4, 1985


Order affirmed, with costs.

Special Term correctly found unavailing plaintiff's attempts to couch his personal injury claim in terms of a breach of contract or breach of warranty against the defendant. The record clearly shows that the essence of this matter is the plaintiff's claim to recover damages for personal injuries incurred as a result of an allegedly defective condition of the defendant's gymnasium floor. Hence, this case is governed by the three-year Statute...

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