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GIORDANO v. MARKET AM., INC.

No. 180

15 N.Y.3d 590 (2010)

JOHN GIORDANO, Appellant, v. MARKET AMERICA, INC., et al., Respondents.

Court of Appeals of New York.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, New York City ( Brian J. Isaac , of counsel), and Sanders Sanders Block Woycik Viener & Grossman, P.C., Mineola ( Martin Block of counsel), for appellant.

Fiedelman & McGaw, Jericho ( Andrew J. Zajac and Neil L. Coscio of counsel), and Mound Cotton Wollan & Greengrass, New York City ( Amy J. Kallal and Ellen G. Margolis of counsel), for Market America, Inc., respondent.

Post & Post, LLC, Berwyn, Pennsylvania ( Edward J. Stolarski, Jr. , of counsel), for Chemins Company, Inc., respondent.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge SMITH; Judge READ dissents in a separate opinion in which Judges GRAFFEO and PIGOTT concur.

OPINION OF THE COURT

SMITH, J.

The United States Court of Appeals for the Second Circuit has asked us three questions about the interpretation of CPLR 214-c (4), which extends the statute of limitations for certain tort victims who do not, for some time, know the cause of their injuries. We answer the questions by holding that:

(1) the provisions of CPLR 214-c (4) are limited to actions for injuries caused...

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