Point Tennis Co. v. Irvin Industries, Inc.

In an action, inter alia, to recover damages for breach of warranty, plaintiff appeals from an order of the Supreme Court, Nassau County, dated May 3, 1978, which denied its motion to strike the affirmative defenses of defendant and granted defendant’s cross motion for summary judgment dismissing the complaint as untimely. Order affirmed, with $50 costs and disbursements, on the opinion of Mr. Justice Levitt at Special Term. Cohalan, J. P., Margett, Martuscello and Gibbons, JJ., concur.