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  5. 199 A.D.2d 453 (1993)
 

BD. OF EDUC. OF MIDDLE COUNTRY CENT. SCH. DIST. AT CENTEREACH v. POLYMER PLASTICS CORP.

199 A.D.2d 453 (1993)

608 N.Y.S.2d 106

Board of Education of Middle Country Central School District at Centereach, Respondent, v. Polymer Plastics Corp., Appellant

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

December 27, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant maintains that the court erred in dismissing its fifth affirmative defense which alleged that the plaintiff's breach of warranty action was untimely. We disagree. Whether the contract entered into by the parties is deemed as one for the performance of services or as a contract for the sale of goods, the plaintiff's action was timely commenced...

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