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R.W. KERN, INC. v. CIRCLE INDUS. CORP.

158 A.D.2d 363 (1990)

R.W. Kern, Inc., et al., Appellants-Respondents, v. Circle Industries Corp., Respondent-Appellant and Third-Party Plaintiff-Appellant. Masonite Corporation, Third-Party Defendant-Respondent

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

February 15, 1990

We agree with the trial court that, as a matter of law, plaintiff does not have a cause of action for breach of warranty, express or implied. If the contract in issue is deemed one essentially for the sale of goods, a cause of action for breach of warranty would be barred by the four-year Statute of Limitations (UCC 2-725); if, on the other hand, it is deemed one essentially for the provision of a service, a cause of action for breach of warranty cannot lie (Milau Assocs...

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