Appellate Division of the Supreme Court of the State of New York April 9, 2001 (Progressive Insurance v. Bombardier Motor Corp.)

—In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 13, 2000, as denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the cause of action to recover damages for breach of warranty asserted by the plaintiff Progressive.