Price v. Cella's Confections

Appellate Division of the Supreme Court of New York

Price v. Cella's Confections

138 A.D.2d 474, 526 N.Y.S.2d 403, 1988 N.Y. App. Div. LEXIS 2850

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1988

StatusPublished

This text of 138 A.D.2d 474 (Price v. Cella's Confections) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Price v. Cella's Confections, 138 A.D.2d 474, 526 N.Y.S.2d 403, 1988 N.Y. App. Div. LEXIS 2850 (N.Y. Ct. App. 1988).

Pincite

Opinion

In an action to recover damages for breach of warranty, the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered September 9, 1986, which granted the plaintiff’s motion to dismiss their affirmative defense that the action is barred by a four-year Statute of Limitations.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

In urging that the sale on which this action is premised took place within four years of commencement of this action (see, UCC 2-725), the plaintiff relies only on the allegations of his complaint, which the defendants, by their answer, denied on information and belief. The plaintiff has failed to demonstrate that the defense is without merit (see, CPLR 3211 [b]). His motion, therefore, should have been denied. Kunzeman, J. P., Eiber, Kooper and Harwood, JJ., concur.

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In an action to recover damages for breach of warranty, the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered September 9, 1986, which granted the plaintiff’s motion to dismiss their affirmative defense that the action is barred by a four-year Statute of Limitations.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

In urging that the sale on which this action is premised took place within four years of commencement of this action (see, UCC 2-725), the plaintiff relies only on the allegations of his complaint, which the defendants, by their answer, denied on information and belief. The plaintiff has failed to demonstrate that the defense is without merit (see, CPLR 3211 [b]). His motion, therefore, should have been denied. Kunzeman, J. P., Eiber, Kooper and Harwood, JJ., concur.

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Bluebook (online)

138 A.D.2d 474, 526 N.Y.S.2d 403, 1988 N.Y. App. Div. LEXIS 2850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-cellas-confections-nyappdiv-1988.