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ROTHSTEIN v. TENNESSEE GAS CO

87 N.Y.2d 90 (1995)

661 N.E.2d 146

637 N.Y.S.2d 674

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

Court of Appeals of the State of New York.

Decided November 30, 1995.

Attorney(s) appearing for the Case

Dechert Price & Rhoads, New York City (Norbert F. Bergholtz, Robert A. Cohen and Andrea Masley of counsel), and Fulton Duncombe & Rowe (Joseph T. C. Hart of counsel), for appellants.

Laurence H. Pearson, New York City, and Levy, Angstreich, Finney, Baldante, Mann & Burkett, P. C. (Steven E. Angstreich, Michael Coren and Amy R. Brandt, of the Pennsylvania Bar, admitted pro hac vice, of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

Plaintiff's decedent in this case was allegedly injured in the late 1940's by ingestion, at approximately age 10, of a radioactive contrast dye. His injuries allegedly did not manifest themselves until 1988 and, thus, were not "discovered" until just before his death that same year during exploratory surgery. Giving the complaint on this CPLR 3211 motion all favorable inferences, we apply the toxic...

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