New York Seven-Up Bottling Company v. Dow Chemical Co.

Full title: NEW YORK SEVEN-UP BOTTLING COMPANY, INC., Appellant, v. DOW CHEMICAL…

Court: Court of Appeals of the State of New York

Date published: Feb 16, 1984

61 N.Y.2d 828 (N.Y. 1984)

473 N.Y.S.2d 973

462 N.E.2d 150

Opinion

Decided February 16, 1984

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN C. MARBACH, J.

Frank H. Connelly, Jr., for appellant.

Bruce D. Drucker for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 96 A.D.2d 1051). We note, however, that this case, unlike Lindsey v Robins Co. ( 60 N.Y.2d 417, 429), does not involve a fact question concerning when the defect first caused injury. Here the roof was leaking "like a sieve" in 1972, so injury to plaintiff from the defect clearly occurred more than three years before suit was brought.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.