75 Misc. 2d 920 | N.Y. Sup. Ct. | 1973
This is a suit by the owner of a recently constructed food processing plant against the general contractor, the roofing subcontractor and the manufacturer and supplier of roofing material and its surety. The manufacturer and supplier, defendant GAF Corporation, moves to dismiss so much of plaintiff’s fourth cause of action as is based on breach of warranty on the ground that it was not commenced within four years after the cause of action accrued pursuant to igection 2-725 of the Uniform Commercial Code.
The moving defendant argues that the warranty cause of action accrued after September 27,1964, the effective date of the Uniform Commercial Code and therefore the suit is time barred for it is subject to the Uniform Commercial Code’s four-year Statute of Limitations. However, the operative date for determining whether the Uniform Commercial Code or precode law applies is the date when the transaction was entered into.
(Uniform Commercial Code, § 10-102, subd. [2].) Since here the transaction was entered into before the date when the Uniform Commercial Code became effective in this State (Uniform Commercial Code, § 10-105), the preoode six-year period of limitation applies (CPLR 213, subd. 2), and inasmuch as the transaction was not completed until July 2, 1965, the last date when delivery was made, this action is riot time-barred. (Mendel v. Pittsburgh Plate Glass Co., 25 N Y 2d 340; Lewis v. Royle & Sons, 37 A D 2d 639; Kakargo v. Grange Silo Co., 11 A D 2d 796.)
Motion denied, submit order.