Constable v. Colonie Truck Sales, Inc.
| Decision Date | 03 November 1971 |
| Citation | 37 A.D.2d 1011,325 N.Y.S.2d 601 |
| Parties | , 9 UCC Rep.Serv. 1356 William C. CONSTABLE, Jr., Appellant, v. COLONIE TRUCK SALES, INC., Respondent, et al., Defendant. (And One Other Action.) |
| Court | New York Supreme Court — Appellate Division |
Morris Marshall Cohn, Schenectady, for appellant.
Carter, Conboy, Bardwell & Case, Albany (James S. Carter, Albany, of counsel), for respondent.
Before REYNOLDS, J.P., and STALEY, COOKE, SWEENEY and SIMONS, JJ.
Appeals from orders of Supreme Court, Special Term, entered in Albany County, which dismissed the second cause of action in each of plaintiffs' complaints on the grounds that they are barred by the Statute of Limitations.
Plaintiffs are the operator and owner respectively of a tractor purchased from defendant Colonie Truck Sales, Inc., July 27, 1965 and manufactured by defendant White Motor Corporation. On May 22, 1967 an accident occurred, allegedly caused by a defectively manufactured steering mechanism. Actions based on negligence and breach of warranty were commenced in April, 1970. Special Term dismissed the warranty actions as time barred by the provisions of Uniform Commercial Code ( § 2--725).
The statute provides that the cause of action accrues when the breach occurs, i.e., tender of delivery, regardless of the aggrieved party's lack of knowledge. This is consistent with the prior law of this state holding that the breach occurred at the time of sale, not at the time of discovery. (Mendel v. Pittsburg Plate Glass Co., 25 N.Y.2d 340, 305 N.Y.S.2d 490, 253 N.E.2d 207; see, also, Lewis v. John Royle & Sons, 37 A.D.2d 639, 322 N.Y.S.2d 314.)
Orders affirmed, without costs.
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