New York Seven-Up Bottling Co. v. Dow Chemical Co.

New York Court of Appeals

New York Seven-Up Bottling Co. v. Dow Chemical Co.

462 N.E.2d 150, 61 N.Y.2d 828, 473 N.Y.S.2d 973, 1984 N.Y. LEXIS 4089

New York Court of Appeals·Decided February 16, 1984·Published·Cited by 26 cases

Opinion

[830]*830OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (96 AD2d 1051). We note, however, that this case, unlike Lindsey v Robins Co. (60 NY2d 417, 429), does not involve a fact question concerning when the defect first caused injury. Here the roof was leaking “like a sieve” in 1972, so injury to plaintiff from the defect clearly occurred more than three years before suit was brought.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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[830]*830OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (96 AD2d 1051). We note, however, that this case, unlike Lindsey v Robins Co. (60 NY2d 417, 429), does not involve a fact question concerning when the defect first caused injury. Here the roof was leaking “like a sieve” in 1972, so injury to plaintiff from the defect clearly occurred more than three years before suit was brought.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

New York Seven-Up Bottling Co. v. Dow Chemical Co., 462 N.E.2d 150, 61 N.Y.2d 828, 473 N.Y.S.2d 973, 1984 N.Y. LEXIS 4089 (N.Y. 1984).

Pincite

462 N.E.2d 150 (New York Seven-Up Bottling Co. v. Dow Chemical Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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