[DOWNLOAD] "Robert Heller v. U. S. Suzuki Motor Corp." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Robert Heller v. U. S. Suzuki Motor Corp.
- Author : Court of Appeals of New York
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[64 N.Y.2d 407 Page 409] Opinion OF THE COURT On February 15, 1983 plaintiff instituted this action against defendants U.S. Suzuki Motor Corp. and Jim Moroney's Harley-Davidson Sales, Inc., seeking to recover damages for injuries he sustained in a motorcycle accident which occurred July 7, 1979. U.S. Suzuki Motor Corporation is the Japanese manufacturer's distributor of the motorcycle in the United States and Jim Moroney's Harley-Davidson Sales, Inc., is the retailer who sold the motorcycle to plaintiff. The tort causes of action against both defendants were barred by the three-year Statute of Limitations. Accordingly, plaintiff sought to recover on claims that defendants expressly and impliedly warranted the motorcycle safe, merchantable and fit for its intended use. On this appeal he presses only a claim based upon implied warranty pursuant to Uniform Commercial Code § 2-318. The issue before us is the timeliness of plaintiff's action against defendant U.S. Suzuki Motor Corporation, specifically, whether the cause of action accrued on the date of sale to plaintiff by the retailer or on the date of transfer of the motorcycle by the distributor to its [64 N.Y.2d 407 Page 410]