Court of Appeals of New York

In response to certified questions from the Second Circuit, the New York Court of Appeals held as follows: 1) the provisions of CPLR section 214-c (4) are limited to actions for injuries caused by the latent effects of exposure to a substance; 2) an injury that occurs within hours of exposure to a substance can be considered "latent" for these purposes; and 3) "technical, scientific or medical knowledge and information sufficient to ascertain the cause of [the plaintiff's] injury" is "discovered, identified or determined" within the meaning of the statute when the existence of the causal relationship is generally accepted within the relevant technical, scientific or medical community.

Appellate Information

• Decided 11/18/2010
• Published 12/02/2010

Judges

• George B. Smith

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Brian J. Isaac, Andrew J. Zajac