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PREGO v. CITY OF NEW YORK

147 A.D.2d 165 (1989)

Veronica Prego, Respondent, v. City of New York et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 30, 1989

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Stephen J. McGrath and Mindy Kallus of counsel), for appellants.

Wilner & Associates, P. C. (Diane S. Wilner and Lee S. Gayer of counsel), and Castor & Karten (Susan Karten of counsel), for respondent. (One brief filed.)

LAWRENCE, KUNZEMAN and KOOPER, JJ., concur.

BROWN, J. P.

On this appeal we are asked to determine whether CPLR 214-c, which permits commencement of an action within three years of discovery of an injury caused by "the latent effects of exposure to any substance", applies to the HIV/HTLV virus which causes Acquired Immune Deficiency Syndrome (hereinafter AIDS).1 We conclude that it does.

In July 1982, plaintiff Veronica...

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