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GREAT AMER. IND. CO. v. LAPP INSULATOR CO.

282 A.D. 545 (1953)

Great American Indemnity Company, Appellant, v. Lapp Insulator Company, Inc., Respondent and Third-Party Plaintiff-Appellant. Seyler Manufacturing Company, Third-Party Defendant-Respondent Utah Home Fire Insurance Company, Appellant, v. Lapp Insulator Company, Inc., Respondent and Third-Party Plaintiff-Appellant. Seyler Manufacturing Company, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 28, 1953.

Attorney(s) appearing for the Case

Charles J. O'Brien and Donald F. Potter for appellants.

William H. Morris for respondent and third-party plaintiff-appellant.

Stephen V. Lines for third-party defendant-respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

Per Curiam:

The complaint and the third-party complaint each set up two causes of action, one in negligence and the other in breach of warranty. The answer of the defendant to the complaint and the answer of the third-party defendant to the third-party complaint each allege the Statute of Limitations as a defense. The last sale of materials was prior to August 1, 1947; the collapse of the radio tower occurred on the...

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