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CECOS INT'L, INC. v. ADVANCED POLYMER SCIENCES, INC.

245 A.D.2d 1017 (1997)

668 N.Y.S.2d 290

Cecos International, Inc., Respondent-Appellant, v. Advanced Polymer Sciences, Inc., Appellant-Respondent, and Cyril & Sons Contractors, Inc., Doing Business as Eastern Tank Services Division, et al., Respondents

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

December 31, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the motion of defendant Advanced Polymer Sciences, Inc. (APS), for summary judgment dismissing the causes of action for breach of warranty and negligent misrepresentation. With respect to the cause of action for breach of warranty, the limited warranty requires that any claim under the warranty be made within...

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