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WEISS v. HERMAN

193 A.D.2d 383 (1993)

597 N.Y.S.2d 52

Ruth Weiss, Respondent, v. Steven Herman et al., Defendants, and Cooper Companies, Inc., et al., Appellants

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

May 4, 1993

While an action for breach of implied or express warranty must be commenced within four years after the cause of action has accrued (UCC 2-725), which would ordinarily be the date the party charged tenders delivery of the product (Heller v U.S. Suzuki Motor Corp., 64 N.Y.2d 407, 411), an exception is made where the warranty explicitly extends to future performance of the goods, in which event the cause of action accrues when the...

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