WAFUL v. CONTRACTORS SYR. SALES CO.


31 Misc.2d 77 (1961)

Claude Waful, Plaintiff, v. Contractors Syracuse Sales Co., Inc., et al., Defendants. (Action No. 1.) Wincent G. Hecht, Plaintiff, v. Contractors Syracuse Sales Co., Inc., Defendant. (Action No. 2.) Francis B. Zelesnik, Plaintiff, v. Contractors Syracuse Sales Co., Inc., Defendant. (Action No. 3.) Claude Waful, Plaintiff, v. Contractors Syracuse Sales Co., Inc., Defendant. (Action No. 4.) Wincent G. Hecht, Plaintiff, v. Contractors Syracuse Sales Co., Inc., Defendant. (Action No. 5.) Francis B. Zelesnik, Plaintiff, v. Contractors Syracuse Sales Co., INC., Defendant. (Action No. 6.)

Supreme Court, Onondaga County.

September 23, 1961


Attorney(s) appearing for the Case

Bond, Schoeneck & King (John C. Kinney of counsel), for Contractors Syracuse Sales Co., Inc., defendant. Costello, Cooney & Fearon (John M. Henley of counsel), for Claude Waful, plaintiff. Melvin & Melvin (Edward J. Brown, Jr., of counsel), for Wincent G. Hecht and another, plaintiffs. Oot, Greene, Setright & Moore for Hecht Construction Corporation and another, defendants.


J. ROBERT LYNCH, J.

The defendant Contractors Syracuse Sales moves to dismiss the complaints in Actions 4, 5 and 6 for insufficiency and as being barred by the Statute of Limitations. Actions 4, 5 and 6 attempt to state complaints in breach of warranty. The moving defendant has already been sued in negligence for the same accident by the same plaintiffs in Actions 1, 2 and 3. It is patent from their wording that...

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