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MAGIDSON v. OTTERMAN

57 A.D.3d 264 (2008)

868 N.Y.S.2d 205

PEGGY MAGIDSON, Appellant, v. HARRY OTTERMAN et al., Respondents, et al., Defendant.

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

December 9, 2008.

Plaintiff alleges injury caused by exposure to toxic substances in her apartment. Her claim accrued at the latest in the fall of 1991, when she acknowledges having become aware of her injury. The statute of limitations thus expired in late 1994, prior to the commencement of this action in January 1995 (CPLR 214-c; see Martin v 159 W. 80 St. Corp., 3 A.D.3d 439 [2004]). The argument that plaintiff's claim did not accrue until March...

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