Strauch v. Town of Oyster Bay

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “warranty,” when used in the products liability context, sounds in and is equivalent to strict liability in tort
• noting that in most, but not all, tort claims, statute runs from time of injury
• “Depending on the factual context in which the claim arises, the injured plaintiff, and those asserting derivative claims, may state a cause of action in contract, express or implied, on the ground of negligence, or, as here, on the theory of strict products liability.”
• court applied three year statute of limitations to discoverable property damage at the time of injury
• under C.P.L.R. § 214(5), New York’s statute of limitations for strict products liability claims is three years and begins to run on the date of injury
• “We now hold that the period of limitation with respect to these [strict products liability] claims begins to run at the date of injury and that the duration of such period is that found in CPLR 214 (subds. 4, 5

Source: CourtListener parenthetical corpus (CC0).