MINIERO v. CITY OF NEW YORK


65 A.D.3d 861 (2009)

885 N.Y.S.2d 45

EUGENE MINIERO et al., Respondents, v. CITY OF NEW YORK et al., Appellants. JAMES CARROLL et al., Respondents, v. MINE SAFETY APPLIANCES COMPANY, Appellant. (And a Third-Party Action.)

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

Decided September 1, 2009.


As we held in Casson v City of New York (269 A.D.2d 285 [2000], lv denied 95 N.Y.2d 756 [2000]), claims of injuries like those alleged by plaintiffs, which, according to their own expert, can manifest themselves immediately upon exposure to high sound levels, are governed not by the exceptional accrual rules applicable to toxic torts (CPLR 214-c) and repetitive stress injuries (see Blanco v American Tel. & Tel. Co....

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