LEXINGTON INSURANCE COMPANY v. POWER COOLING INC.


52 A.D.3d 412 (2008)

861 N.Y.S.2d 23

LEXINGTON INSURANCE COMPANY, as Subrogee of 1633 BROADWAY LLC, Respondent, v. POWER COOLING INC., Respondent, and CONCEPTS ETI, INC., et al., Appellants.

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

Decided June 24, 2008.


Dismissal of the second and fourth causes of action, alleging breach of implied and express warranty, is appropriate since the claims are barred by the applicable four-year statute of limitations (see UCC 2-725 [1]). The fifth cause of action for breach of contract, predicated upon appellants' corporate predecessor having sold the allegedly defective impeller in November 1999, which defendant Power Cooling installed as a component to subrogor building owner's air conditioning...

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