Eric C. Jensen et al., Respondents,
v.
General Electric Company et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 2, 1993.
Decided October 21, 1993.
Attorney(s) appearing for the Case
Williams & Connolly (Steven R. Kuney and Mark A. Grannis of counsel, of the District of Columbia Bar, admitted pro hac vice) and Bond, Schoeneck & King, Albany (John M. Freyer and Susan P. Read of counsel), for General Electric Company, appellant.
Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany (Susan DiBella Harvey of counsel), for Albert J. Smaldon, Sr. and Sons, Inc., appellant.
Ruberti, Girvin & Ferlazzo, P. C., Albany (Salvatore D. Ferlazzo of counsel), for respondents.
Robert Abrams, Attorney-General, Albany (Jerry Boone, Peter H. Schiff, James A. Sevinsky, Val Washington and Nancy Stearns of counsel), for State of New York, amicus curiae.
Wiley, Rein & Fielding (Laura A. Foggan, John E. Barry and John C. Yang of counsel, of the District of Columbia Bar, admitted pro hac vice) and Bower & Gardner, New York City, for American Insurance Association, amicus curiae.
Oliver & Oliver, Albany (Lewis B. Oliver, Jr., and Harriet B. Oliver of counsel), for Town of Moreau, amicus curiae.
Lydia Rocissano Marola, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.
Chief Judge KAYE and Judges TITONE and SULLIVAN concur with Judge BELLACOSA; Judge SMITH dissents in part and votes to affirm in an opinion in which Judges HANCOCK, JR., and ELLERIN concur; Judge HANCOCK, JR., dissents in a separate opinion in which Judge ELLERIN also concurs; Judges SIMONS and LEVINE taking no part.
Court of Appeals of the State of New York.
BELLACOSA, J.
The phrase "injury to property" in the date of discovery Statute of Limitations, CPLR 214-c (2), embraces actions for damages ensuing from exposure to any substance, including those characterized as continuing trespass and nuisance. Thus, in this action for compensatory and injunctive relief due to hazardous waste contamination of the plaintiffs' property, we conclude that the order of the Appellate...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
