H. SAND & CO., INC. v. AIRTEMP CORP.

No. 83 Civ. 5722 (IBC).

738 F.Supp. 760 (1990)

H. SAND & CO., INC., Plaintiff, v. AIRTEMP CORPORATION, Defendant.

United States District Court, S.D.N.Y.

May 30, 1990.


Attorney(s) appearing for the Case

Berman, Paley, Goldstein & Berman, New York City (Stuart J. Moskovitz, of counsel), for plaintiff.

Weisman, Celler, Spett & Modlin, New York City (John B. Sherman, of counsel), for defendant.


OPINION

IRVING BEN COOPER, District Judge.

RELIEF SOUGHT

Defendant Airtemp Corporation ("Airtemp") moves for summary judgment pursuant to Fed.R.Civ.P. 56(b) dismissing the amended complaint of plaintiff H. Sand & Co. Inc. (Sand) on the grounds that: (a) plaintiff Sand did not initiate litigation until more than four years after tender of delivery of the goods and thus, under New York Uniform Commercial Code (U.C.C.) § 2-725 this action...

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