89 N.Y.2d 506 (1997)

678 N.E.2d 474

655 N.Y.S.2d 862

In the Matter of New York County DES Litigation. Susan Wetherill, Respondent, v. Eli Lilly & Company et al., Defendants, and Emons Industries, Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Anderson Kill & Olick, P. C., New York City (Jeffrey L. Glatzer and Eric D. Statman of counsel), for appellant.

Ronald R. Benjamin, Binghamton, for respondent.

Herzfeld & Rubin, P. C., New York City (Michael Hoenig, David B. Hamm and Linda M. Brown of counsel), and Hugh F. Young, Jr., of the Virginia Bar, admitted pro hac vice, for Product Liability Advisory Council, Inc., amicus curiae.

Chief Judge KAYE and Judges LEVINE, CIPARICK and WESLEY concur with Judge TITONE; Judge SMITH dissents and votes to affirm in a separate opinion; Judge BELLACOSA taking no part.


CPLR 214-c (2) provides that the time for initiating a cause of action for damages resulting from exposure to a harmful substance begins to run from the date that the "injury" was discovered or could have been discovered with reasonable diligence. The specific issue before us in this appeal is whether an "injury" is discovered within the meaning of CPLR 214...

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