NEW YORK SEVEN-UP BOTTLING COMPANY v. DOW CHEMICAL CO

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 96 A.D.2d 1051). We note, however, that this case, unlike Lindsey v Robins Co. ( 60 N.Y.2d 417, 429), does not involve a fact question concerning when the defect first caused injury. Here the roof was leaking "like a sieve" in 1972, so injury to plaintiff from the defect clearly occurred more than three years before suit was brought.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.