82 N.Y.2d 77 (1993)

623 N.E.2d 547

603 N.Y.S.2d 420

Eric C. Jensen et al., Respondents, v. General Electric Company et al., Appellants.

Court of Appeals of the State of New York.

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.


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...


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