In New York Seven-Up Bottling Co. v. Dow Chemical Co., 96 A.D.2d 1051, 466 N.Y.S.2d 478, the Plaintiff, New York Seven-Up Bottling Co., sued Dow Chemical Co., the manufacturer and marketer of allegedly defective styrofoam insulation, for damages Plaintiff claimed was caused by this styrofoam insulation installed in the roof of Plaintiff's bottling plant. When the roof of the building began leaking, New York Seven-Up Bottling Co. commenced an action that asserted causes of action in both strict products liability and fraud against the Defendant. The Defendant manufacturer moved to dismiss both causes of action on statute of limitations grounds. In reversing the Supreme Court's denial of that motion to dismiss, the Appellate Division, Second Department held that the 3-year statute of limitations for strict products liability governed both causes of action since the allegations of fraudulent misrepresentations as to the suitability of the product were merely incidental to the products liability claim. The Appellate Division stated that the six-year fraud statute of limitations could be invoked only "when there would be no injury but for the fraud " (Seven-Up, supra, at 1053, 466 N.Y.S.2d 478).