Rothstein v. Tennessee Gas Pipeline Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Altman, J.
In 1986 the Legislature enacted a series of tort reforms including CPLR 214-c which adopted a discovery rule for determining the accrual date for a cause of action to recover damages for the latent effects of exposure to any harmful substance. At issue on this appeal is the applicability of CPLR 214-c to an action seeking recovery for an injury which allegedly manifested itself in 1988, but was caused by exposure to an X-ray dye some 40 years earlier. We conclude that the date-of-discovery rule is applicable and the personal injury causes of action are not time…
2Cases cited10 opinions
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Steinhardt v. Johns-Manville Corp.New York Court of Appeals · 1981
- Thornton v. Roosevelt HospitalNew York Court of Appeals · 1979
- Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
- Heller v. U. S. Suzuki Motor Corp.New York Court of Appeals · 1985
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3Cited by12 opinions
- Heinrich Ex Rel. Heinrich v. SweetDistrict Court, D. Massachusetts · 1999
- Sackman v. Liggett Group, Inc.District Court, E.D. New York · 1996
- Braune v. Abbott LaboratoriesDistrict Court, E.D. New York · 1995
- Rothstein v. Tennessee Gas Pipeline Co.New York Court of Appeals · 1995
- Scherrer v. Time Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
7 more not listed; retrieve them via the Exa API.