SCHEIDEL v. A.C. AND S., INC.


258 A.D.2d 751 (1999)

685 N.Y.S.2d 829

ETHEL M. SCHEIDEL, Individually and as Executor of VICTOR R. SCHEIDEL, Deceased, Appellant, v. A.C. AND S., INC., et al., Respondents.

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

Decided February 11, 1999.


Graffeo, J.

This action involves a claim that, between 1960 and 1991, Victor R. Scheidel (hereinafter decedent), while employed primarily as an independent contractor on various residential construction sites, was exposed to asbestos and eventually developed asbestosis as a result. The primary issue presented in this appeal is whether decedent discovered, or should have discovered in the exercise of reasonable diligence his injury on or before May 12, 1994 (i.e.,...

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