Progressive Insurance v. Bombardier Motor Corp.

Appellate Division of the Supreme Court of New York

Progressive Insurance v. Bombardier Motor Corp.

282 A.D.2d 512, 722 N.Y.S.2d 890, 2001 N.Y. App. Div. LEXIS 3540

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

DecidedApril 9, 2001

StatusPublished

This text of 282 A.D.2d 512 (Progressive Insurance v. Bombardier Motor Corp.) 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

Progressive Insurance v. Bombardier Motor Corp., 282 A.D.2d 512, 722 N.Y.S.2d 890, 2001 N.Y. App. Div. LEXIS 3540 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 13, 2000, as denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the cause of action to recover damages for breach of warranty asserted by the plaintiff Progressive. Insurance Company and granted the plaintiffs’ cross motion for leave to amend the complaint to include a breach of warranty cause of action on behalf of the plaintiff Peter Bisulca.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

[513]*513The Supreme Court properly found that the breach of warranty claims in the original complaint and in the proposed amended complaint were timely. Bracken, P. J., S. Miller, Mc-Ginity and Schmidt, JJ., concur.

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—In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 13, 2000, as denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the cause of action to recover damages for breach of warranty asserted by the plaintiff Progressive. Insurance Company and granted the plaintiffs’ cross motion for leave to amend the complaint to include a breach of warranty cause of action on behalf of the plaintiff Peter Bisulca.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

[513]*513The Supreme Court properly found that the breach of warranty claims in the original complaint and in the proposed amended complaint were timely. Bracken, P. J., S. Miller, Mc-Ginity and Schmidt, JJ., concur.

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Bluebook (online)

282 A.D.2d 512, 722 N.Y.S.2d 890, 2001 N.Y. App. Div. LEXIS 3540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/progressive-insurance-v-bombardier-motor-corp-nyappdiv-2001.