Legal Opinion
Rothstein v. Tennessee Gas Pipeline Co.
New York Court of Appeals
Decided November 30, 1995PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
Plaintiffs decedent in this case was allegedly injured in the late 1940’s by ingestion, at approximately age 10, of a radioactive contrast dye. His injuries allegedly did not manifest themselves until 1988 and, thus, were not "discovered” until just before his death that same year during exploratory surgery. Giving the complaint on this CPLR 3211 motion all favorable inferences, we apply the toxic tort discovery statute (L 1986, ch 682; CPLR 214-c) and agree with the Appellate Division that the subject causes of action are not time-barred.
The complaint alleges…
2Cases cited15 opinions
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
- Snyder v. Town Insulation, Inc.New York Court of Appeals · 1993
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- Matter of Ny County Des Litig.New York Court of Appeals · 1997
- Sackman v. Liggett Group, Inc.District Court, E.D. New York · 1996
- Wetherill v. Eli Lilly & Co.New York Court of Appeals · 1997
- Blanco v. American Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1996
16 more not listed; retrieve them via the Exa API.