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McIntosh v. Wratten

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 810 (N.Y. App. Div. 1980)

Opinion

July 10, 1980

Appeal from the Jefferson Supreme Court.

Present — Cardamone, J.P., Simons, Callahan, Doerr and Moule, JJ.


Order unanimously affirmed, without costs. Memorandum: In 1971 plaintiffs sued defendants for personal injuries, alleging causes of action in negligence, breach of warranty and strict products liability. By order dated March 8, 1974 Special Term, applying the rule of Mendel v. Pittsburgh Plate Glass Co. ( 25 N.Y.2d 340), dismissed the warranty and strict liability actions as time barred. No appeal was taken from that order. On this appeal plaintiffs seek to reverse a second order of Special Term which denied their application pursuant to CPLR 3025. By that application they sought to amend their complaint to reallege causes of action in breach of warranty and strict products liability now timely under Victorson v. Bock Laundry Mach. Co. ( 37 N.Y.2d 395). We find no abuse of discretion by Special Term in denying the application to amend (see Spindell v. Brooklyn Jewish Hosp., 35 A.D.2d 962, affd 29 N.Y.2d 888; Siegel, New York Practice, § 276; and see, generally, Matter of Gowan v. Tully, 45 N.Y.2d 32; Slater v. American Min. Spirits Co., 33 N.Y.2d 443; Meyer v Droms, 68 A.D.2d 942).


Summaries of

McIntosh v. Wratten

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 810 (N.Y. App. Div. 1980)
Case details for

McIntosh v. Wratten

Case Details

Full title:RICHARD E. McINTOSH et al., Appellants v. A.E. WRATTEN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 10, 1980

Citations

77 A.D.2d 810 (N.Y. App. Div. 1980)