The defendant brought a motion for summary judgment to dismiss the plaintiffs' claim for breach of warranty regarding defective windows and doors, arguing the claim was statute-barred.
The plaintiffs had purchased the products in 2008 and experienced leaking by 2010.
Despite ongoing repair attempts by the defendant, the plaintiffs wrote a letter in March 2012 threatening immediate legal action if the windows were not replaced.
The court found this letter demonstrated the plaintiffs knew litigation was an appropriate remedy at that time.
Because the action was not commenced until December 2014, more than two years later, the claim was statute-barred and dismissed.
