Legal Opinion
MRI Broadway Rental, Inc. v. United States Mineral Products Co.
New York Court of Appeals
Decided November 24, 1998PublishedCited by 36 opinions
1Opinion of the Court
*424OPINION OF THE COURT
Wesley, J.
For over 60 years, this Court has held that a cause of action in a toxic exposure case accrues upon initial exposure to the toxic substance. While the Legislature has chosen to temper the effect of this rule through the adoption of a discovery statute for certain toxic torts (see, CPLR 214-c), that statute did not change this Court’s basic definition of injury for Statute of Limitations purposes.
In this case, plaintiff, the owner of a Manhattan building, seeks damages for the cost of performing abatement work on asbestos fireproofing that was installed when the…
2Cases cited8 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
- Snyder v. Town Insulation, Inc.New York Court of Appeals · 1993
- Sturges Manufacturing Co. v. Utica Mutual InsuranceNew York Court of Appeals · 1975
- Matter of Ny County Des Litig.New York Court of Appeals · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
- U.S. Metals, Incorporated v. Liberty Mutual Group, Incorporated, Doing Business as Liberty Insurance CorporationTexas Supreme Court · 2015
- Abbatiello v. Monsanto Co.District Court, S.D. New York · 2007
- Germantown Central School District v. Clark, Clark, Millis & GilsonNew York Court of Appeals · 2003
- Trisvan v. HeymanDistrict Court, E.D. New York · 2018
31 more not listed; retrieve them via the Exa API.