
    New York Seven-Up Bottling Company, Inc., Appellant, v Dow Chemical Company, Respondent, et al., Defendants. (And a Third-Party Action.)
    Decided February 16, 1984
    
      APPEARANCES OF COUNSEL
    
      Frank H. Connelly, Jr., for appellant.
    
      Bruce D. Drucker for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (96 AD2d 1051). We note, however, that this case, unlike Lindsey v Robins Co. (60 NY2d 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.  