Fusaro v. Porter-Hayden Co.

OPINION OF THE COURT

Helen Freedman, J.

INTRODUCTION

In the context of motions to dismiss and strike claims for injuries allegedly caused by exposure to asbestos products, this court is called upon to deal with the interplay of the various Statutes of Limitations now applicable to toxic tort claims and to determine whether the "second-injury rule” shall apply to the asbestos litigation now burgeoning in New York.

Prior to 1986, causes of action accrued at the time of exposure to a harmful substance despite the fact that manifestation of the injury often did not occur until well after the Statute…