Order, insofar as appealed from, denying motion of defendant to dismiss the first cause of action as barred by the three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 6), affirmed, with $10 costs and disbursements.
The action for breach of warranty, even though it rests on a tortious or wrongful act committed by the defendant is independent of an action for negligence. The wrongful act is not neglect, and privity is an essential to recovery. (Greco...
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