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SCHWARTZ v. HEYDEN NEWPORT CORP.

30 Misc.2d 663 (1961)

Nathan C. Schwartz, Plaintiff, v. Heyden Newport Chemical Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

June 21, 1961

Attorney(s) appearing for the Case

Fulton, Walter & Duncombe (Harmon Duncombe of counsel), for defendant. Alfred S. Julien for plaintiff.

HENRY EPSTEIN, J.

Defendant moves for dismissal of the complaint upon the ground that maintenance of the action is time-barred.

In three causes of action based on negligence, breach of warranty by advertising, and breach of warranty, plaintiff claims that his claim of right to recover for personal injuries arose upon discovery of the negligence and breach of warranty. While a member of the armed forces, "Umbrathor", a product manufactured by the...

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