CHOPRA v. PELLA WINDOW CORPORATION


2 A.D.3d 1087 (2003)

768 N.Y.S.2d 680

ISH CHOPRA, Appellant, v. PELLA WINDOW CORPORATION, Respondent.

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

December 18, 2003.


Rose, J.

Plaintiff commenced this action in February 2002, alleging breach of warranty arising from the sale of windows in 1990. Defendant moved for dismissal of the complaint on the ground that the applicable statute of limitations had expired (see UCC 2-725). Supreme Court granted the motion and dismissed the complaint.

On appeal, plaintiff asserts that defendant breached a warranty of future performance and, thus, the statute of limitations did not...

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