JOHNSON v. ASHLAND OIL, INC.


195 A.D.2d 980 (1993)

601 N.Y.S.2d 756

Frank Johnson et al., Appellants, v. Ashland Oil, Inc., et al., Respondents. (Appeal No. 2.)

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

July 16, 1993


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs' cause of action to recover damages for personal injury caused by exposure to a toxic substance is barred by the Statute of Limitations. CPLR 214-c (2) provides that such a cause of action must be commenced within three years "from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered." The...

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