Cabrera v. Picker International, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Anne Tar gum, J.), entered May 13, 2003, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Insofar as based on CPLR 214-c (2), the motion was properly denied for failure to show that plaintiff discovered the primary condition on which the claim is based before September 1992, more than three years before she instituted the action (Matter of New York County DES Litig., 89 NY2d 506, 509, 514 [1997]). To the extent that plaintiff may have exhibited some symptoms after her…
2Cases cited5 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Matter of Ny County Des Litig.New York Court of Appeals · 1997
- Whitney v. Quaker Chemical Corp.New York Court of Appeals · 1997
- O'Halloran v. 345 Park Co.Appellate Division of the Supreme Court of the State of New York · 1998
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- Ocampo v. Abetta Boiler & Welding Sevice, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Grill v. Philip Morris USA, Inc.District Court, S.D. New York · 2009
- Castiglione v. E.A. Morse & Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Feinberg v. Colgate-Palmolive Co.New York Supreme Court · 2016
- Rosner v. Mira, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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