Johnson v. Ashland Oil, Inc.

Order unanimously affirmed without costs. Memorandum: Plaintiffs’ cause of action to recover damages for personal injury caused by exposure to a toxic substance is barred by the Statute of Limitations. CPLR 214-c (2) provides that such a cause of action must be commenced within three years "from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered.” The undisputed facts show that plaintiff Frank Johnson knew that he had sustained an injury from exposure to toxic substances at his work…