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DONUK v. SEARS, ROEBUCK & CO.

52 A.D.3d 456 (2008)

859 N.Y.S.2d 701

MUSTAFA DONUK, Appellant, v. SEARS, ROEBUCK & CO., Respondent.

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

Decided June 3, 2008.

Ordered that on the Court's own motion, the plaintiff's notice of appeal from a decision of the same court dated May 31, 2007, is deemed a premature notice of appeal from the order (see CPLR 5520 [c]); and it is further,

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

The plaintiff's cause of action alleging breach of warranty was properly dismissed as time-barred (see UCC 2-725 [1], [2]; Heller v U.S. Suzuki Motor...

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