Dwight C. Martin v. Julius Dierck Equipment Co., Respondents Raymond Corporation, Third-Party v. Western Electric…

Summary

The New York Court of Appeals held that both the negligence and the alleged breach of warranty (characterized as strict products liability) causes of action accrued in Virginia, making them untimely under Virginia's two‑year statute of limitations, and affirmed the Appellate Division's summary‑judgment order. Justice Gabrielli dissented, arguing that the breach of warranty claim accrued in New York and should be heard on its merits.