PEARL v. ELI LILLY & COMPANY


262 A.D.2d 106 (1999)

692 N.Y.S.2d 38

DOUGLAS G. PEARL, Appellant, v. ELI LILLY & COMPANY et al., Respondents.

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

Decided June 10, 1999.


The Statute of Limitations applicable to this action to recover for alleged latent effects of exposure to DES is CPLR 214-c (2), which requires such an action to be commenced within three years from the plaintiffs discovery of the injury. "All that is necessary to start the limitations period is that plaintiff be aware of the primary condition for which damages are sought" (Whitney v Quaker Chem. Corp., 90 N.Y.2d 845, 847). Here...

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