Does the statute of limitations apply to a claim for breach of warranty?

Petitioner relies upon Titus v. Poole, 145 N.Y. 414, 40 N.E. 228, wherein a claim based on fraud was presented to the executors and rejected, whereupon civil action thereon was commenced promptly but resulted in a non-suit. Thereafter the claim was presented to the executors again, based upon breach of warranty. After its second rejection action thereon was commenced promptly but more than six months (the then applicable limitation) after the original rejection. The court said (at p. 421, at p. 230 of 40 N.E.): 'The plaintiff, therefore, by the presentation of his original claim, under the statute subjected himself to the conditions which attached on its rejection, and thereupon the statute commenced to run against any cause of action founded upon the transaction embraced in the claim, whether an action for deceit or for breach of warranty. The party who presents a claim which is rejected cannot be permitted to evade the statute of limitations by successive presentations of claims founded on the same transaction, but varying in form or detail.' However, the short statute of limitations, otherwise a bar to the action, was held inapplicable because the case was brought directly within the saving provision of another statute permitting a

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