ROTHSTEIN v. TENNESSEE GAS CO


204 A.D.2d 39 (1994)

Rhoda G. Rothstein, as Executrix of Ari Rothstein, Deceased, Appellant, v. Tennessee Gas Pipeline Company, Formerly Known as Tenneco, Inc., et al., Respondents, et al., Defendants

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

October 3, 1994.


Attorney(s) appearing for the Case

Laurence H. Pearson, New York City (Steven E. Angstreich, Michael Coren and Amy R. Krouk, Philadelphia, Pennsylvania [Levy, Angstreich, Finney, Baldante, Mann & Burkett, P. C.], of counsel), for appellant.

Dechert, Price & Rhoads, New York City (Norbert F. Bergholtz, Frank J. O'Hara and Owen D. Kalt, and Fulton, Duncombe & Rowe, New York City [Joseph T.C. Hart], of counsel), for respondents.

O'BRIEN, J. P., and FLORIO, J., concur with ALTMAN, J.; KRAUSMAN and SANTUCCI, JJ., dissent in a separate opinion by KRAUSMAN, J.


ALTMAN, J.

In 1986 the Legislature enacted a series of tort reforms including CPLR 214-c which adopted a discovery rule for determining the accrual date for a cause of action to recover damages for the latent effects of exposure to any harmful substance. At issue on this appeal is the applicability of CPLR 214-c to an action seeking recovery for an injury which allegedly manifested itself in 1988, but was caused...

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