Opinion
December 27, 1993
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant maintains that the court erred in dismissing its fifth affirmative defense which alleged that the plaintiff's breach of warranty action was untimely. We disagree. Whether the contract entered into by the parties is deemed as one for the performance of services or as a contract for the sale of goods, the plaintiff's action was timely commenced (see, Bulova Watch Co. v Celotex Corp., 46 N.Y.2d 606, 611; Scott Son v American Bldgs. Co., 93 A.D.2d 987). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.